General Terms and Conditions for the Use of the Online Content Platform MALOUM

1. Scope of application

1.1. The following General Terms and Conditions (GTC) apply to all contractual relationships between neolime GmbH, Kolonitzgasse 2/54, 1030 Vienna (hereinafter referred to as "Provider") and its contractual partners in accordance with Section 3 (hereinafter referred to as "Fan") with regard to the use of the online content platform MALOUM; available at maloum.com (hereinafter referred to as "MALOUM") and other subdomains. The most recent version of the GTC shall apply.

1.2. The contract language is German. Only the German version of these GTC is authoritative; translations are for information purposes only.

2. Changes to these Terms and Conditions

2.1. The Provider reserves the right to unilaterally modify these Terms and Conditions if:

2.1.1. The modification is advantageous for the fan,

2.1.2. Changes in the legal framework – in particular due to amendments to laws, official or court decisions – require a modification, or

2.2. If the provider makes changes that are detrimental to the fan, it shall inform the fan of this by email to the last address provided by the fan four weeks before the intended change. If the fan objects to the change, the contractual relationship shall end with the entry into force of the amended Terms and Conditions with the effects of ordinary termination described in Section 12.2.

2.3. The provider will publish changes to these terms and conditions on MALOUM without delay.

3. Definition of terms and subject matter of the contract

3.1. The provider (neolime GmbH) makes certain content ("content") available to its users on the online content platform accessible at www.maloum.com or subdomain, as well as via various subdomains of this website.

3.2. A creator is a user who produces content such as videos or photos and makes this content available to the provider so that the provider can make it available to other users of the online content platform, either for a fee or free of charge. The respective creator receives remuneration from the provider for this. In addition to these General Terms and Conditions, the "Contractual Terms and Conditions for Creators" apply to creators, which are available here.

3.3. A fan is a user who consumes a creator's content or follows a creator, subscribes to content created by the creator, and accesses it free of charge or for a fee.

3.4. The online content platform is defined below as the web service accessible on MALOUM and operated by neolime GmbH as a content provider, on which content is available for retrieval, either free of charge or for a fee.

3.5. Services are defined below as all functions and features of the online content platform operated by the provider that are intended for use by fans and creators, regardless of whether they are available free of charge or for a fee.

4. Registration and conclusion of a framework agreement

4.1. Natural persons of legal age are entitled to create a user account. Each natural person may only create one account.

4.2. The user account and the legal relationships with the provider arising from it are not transferable. Fans are prohibited from passing on their access data to the provider's services to third parties.

4.3. Only fans who are self-employed, i.e., entrepreneurs according to § 1 UGB (Austrian Commercial Code), are entitled to use the user account as a creator, i.e., to transfer content to the provider. The functions of the online content platform intended for use by creators are therefore directed exclusively at entrepreneurs and not consumers according to § 1 (1) (2) KSchG (Austrian Consumer Protection Act).

4.4. In order to use the services, prior registration by creating a user account is required. During the registration process, the fan must provide the data requested by the provider completely and correctly.

4.5. By registering, the fan expressly agrees that the provider may send emails (order confirmation for paid content, updates to the fan's account) to the email address provided by the fan. The sending of promotional emails requires the separate consent of the fan. Fans can change these email preferences at any time via their account settings, as well as unsubscribe from promotional emails or follow the unsubscribe link in the relevant emails.

4.6. There is no entitlement to admission to use the services. Admission is at the sole discretion of the provider. No reason needs to be given for rejection.

4.7. Upon completion of the registration process, the fan submits a binding offer to conclude a framework agreement for the use of MALOUM and its services. The fan will be informed of the acceptance of their offer by the provider via email in the form of a registration confirmation ("contract confirmation"). Due to any necessary checks on the part of the provider, the contract confirmation may not be sent until several days after the offer has been submitted.

5. Use of paid content; subscriptions

5.1. Within the framework agreement with the provider referred to in section 4.7., the fan may conclude individual agreements with the provider for the retrieval of paid content from a creator on a one-time basis or on the basis of a subscription model. The sole contractual partner of the fan is always the provider to whom this content is made available by the creator for exploitation.

5.2. The use of paid content on a one-time basis takes place on the creator's channel, whereby the fan first accepts the price of the one-time content listed next to the button and the content itself by clicking on the "Buy now" button, and then initiates the payment process by clicking on the "Pay now" button and entering their data.

5.3. The paid use of content on a subscription basis also takes place on the creator's channel, whereby the fan first accepts the subscription price, the subscription content, and the subscription term by clicking on the "Buy now" button next to the button, and then initiates the payment process by clicking on the "Pay now" button and entering their data.

5.4. If a fan opts for a subscription model, billing takes place at the beginning of the selected subscription period. The term of a subscription is usually one month (30 days), but may also be specified differently by the creator. The prices stated on the creator's channel refer to the corresponding subscription period.

5.5. The subscription is automatically renewed for the same period after the originally selected subscription period has expired, unless the fan cancels it in time. Cancellation is possible at any time, in particular by clicking on the cancellation button provided ("Cancel now") after entering the required data, at the latest by the end of the current subscription period; it takes effect at the end of this period. The fan is clearly and explicitly informed of the terms and conditions regarding the term, renewal, and cancellation before submitting their contractual declaration. If no cancellation is made, the next subscription period will be invoiced at the beginning of the same period.

5.6. The right to extraordinary termination for good cause remains unaffected.

5.7. All prices visible to fans on MALOUM are inclusive of VAT and fees.

5.8. If the provider terminates the contractual relationship with a fan extraordinarily with immediate effect for good cause, the subscription price paid for the remaining term will not be refunded in the case of a fan's ongoing subscription.

5.9. If the fan follows a creator's account or takes out a subscription or uses content on a one-off basis, the fan may receive an automatically generated welcome message from the creator's account. Such messages are not sent in every case and are the sole responsibility of the creator.

6. Service fee

6.1. The provider charges a service fee of 15% of the net price specified by the creator for the provision and ongoing servicing and further development of the platform in accordance with these terms and conditions. The expenses covered by this fee are necessary for the maintenance and improvement of the online content platform.

6.2. This service fee is calculated on the basis of the net price of the respective service after deduction of any discounts.

7. Age verification

7.1. In order to access pornographic or other content harmful to minors, the provider must verify the age of the fan. To do this, the provider will verify the fan's age by requesting their date of birth and verifying it to ensure that they are of legal age. The fan is obliged to provide their true date of birth.

7.2. Incorrect information or attempts to circumvent this requirement entitle the provider to terminate the contract for good cause and to block and delete the user account.

8. Rights and obligations of fans; third-party rights; restrictions on use

8.1. When registering, fans must provide truthful, complete, and up-to-date information about their identity and contact details, and must update this information in their user profile immediately in the event of any changes. If there is suspicion of identity theft or the unauthorized representation of another person in violation of the obligation under point 9, the provider reserves the right to request proof of identity from the fan, otherwise the user account will be blocked or deleted.

8.2. If a fan decides to transfer rights to their content to the provider free of charge, in particular exploitation rights, they must register as a creator. In this case, the "Terms of Use for Creators" apply in addition to these Terms and Conditions.

9. Prohibited behavior and content

9.1. The use of the services, including the messenger function and the posted content itself, to refer to or promote content and offers of a commercial or non-commercial nature from any third party outside the platform, as well as any activities that are not compatible with the Terms of Use, are strictly prohibited.

9.2. All illegal and ethically reprehensible content is prohibited, whether it be written or audio statements, animated, drawn, or real representations. This includes, but is not limited to:

9.2.1. Incitement, discrimination, racism, xenophobia, subversive, or violence-glorifying content

9.2.2. Child pornographic content

9.2.3. Content that depicts, encourages, or condones non-consensual sexual acts, violence, brutality, atrocities, incest, extreme BDSM, or human trafficking

9.2.4. Advertising for sects, groups that glorify violence, or other questionable groups or groups under increased government scrutiny

9.2.5. Any type of automated access to the online content platform through external programs

9.2.6. Advertising for competing platforms

9.2.7. Poaching fans or creators on competing platforms

9.2.8. Recruiting creators for the purpose of agency, management, or service provision

9.3. If the fan violates points 9.2., the provider reserves the right to:

9.3.1. Issue a warning to the fan

9.3.2. Delete the fan's affected content

9.3.3. Terminate the fan's framework agreement for good cause and temporarily suspend or permanently delete the fan's account

9.3.4. Forward statements of facts to law enforcement authorities in the event of serious misconduct

9.3.5. In addition, the provider reserves the right to delete the fan's account and terminate the contractual relationship for good cause if the fan commits a gross breach of contract. In addition to the behaviors described in sections 9.1. and 9.2., this includes, in particular, repeated violations of the provisions of these Terms and Conditions, spamming, harassment, or any activities that pose a threat to the safety or well-being of other users or the online content platform.

10. Restrictions on the availability of the online content platform

10.1. The provider will make every reasonable effort to keep the online content platform and all its functions available and up to date, in particular free of viruses and malware. Nevertheless, force majeure, the fault of third parties, or other events beyond the provider's control may result in the failure of the online content platform and/or maintenance work that impairs its use.

11. Limitation of liability

11.1. No liability is assumed for damages incurred by fans due to restrictions on the availability of the online content platform, except in cases of gross negligence or intent on the part of the provider.

11.2. The above limitation of liability does not apply to personal injury or liability under the Product Liability Act (Produkthaftungsgesetz).

11.3. The provider is solely responsible for providing the platform and handling the content relationship. The creator is responsible for the content design and communication with the fan. The provider does not guarantee any specific content or direct or personal contact between the creator and the fan via the online content platform.

11.4. In particular, the provider accepts no liability for false information provided by the creator, deception regarding identity, or similar. The provider therefore accepts no liability for damages that may arise from interactions between the fan and the creator.

12. Termination of the framework agreement

12.1. The provider and fan may terminate the framework agreement on the use of the services, which is concluded for an indefinite period, with due notice.

12.1.1. The fan may terminate the framework agreement at any time without giving reasons in writing or electronically. The termination shall take effect upon receipt of the electronic declaration by the provider. The provider reserves the right to delete the fan's account after effective termination.

12.1.2. The provider is entitled to terminate the framework agreement for objectively justified reasons with 14 days' notice. Objectively justified reasons include, in particular:

– significant changes in the legal or economic framework conditions,

– the discontinuation or significant change in service operations,

– repeated violations of the Terms of Use or legal regulations by the fan.

12.1.3. The right of both parties to terminate the contract for good cause remains unaffected.

12.2. In the event of ordinary termination of the framework agreement by the fan, the contractual relationship between the provider and the fan shall only end at the earliest at the time when the fan's subscription with the longest term in accordance with Section 5.5 of these Terms and Conditions can end. Upon termination of the framework agreement, access to content previously subscribed to by the fan will become impossible, unless the fan has previously purchased this content by means of a paid individual download.

12.3. If an account exists simultaneously as a fan and as a creator, termination of the account as a creator requires an express declaration, otherwise it shall only be deemed termination of the fan account.

12.4. Notwithstanding the right to ordinary termination, each contracting party has the right to extraordinary termination for good cause. A good cause for termination by the provider is, in particular, a serious violation of the provisions of these GTC.

12.5. Termination by the fan, if not done online on MALOUM, must be sent by email to support@maloum.com or in writing to neolime GmbH, Kolonitzgasse 2/54, 1030 Vienna.

12.6. Termination by the provider shall always be effected by email to the email address last stored by the fan in their user account.

13. Purchase of physical products in the web shop

13.1. The provider offers physical products from creators for sale in its web shop.

13.2. Shipping costs are added to the product price and can be found in Appendix B together with the delivery terms.

13.3. To purchase a product, the fan must click on the "Buy now" button. The fan is then taken to the checkout to complete the purchase process. Before this, the fan is shown the purchase price plus shipping costs to the address they have provided. Payment must then be made by selecting one of the available payment methods (credit card, PayPal, KLARNA, or crypto).

13.4. The images and product presentations in the web shop do not constitute a binding offer. Only the fan's order is a binding offer, which the provider can accept at its own discretion. After the order has been sent, the provider will first send the fan an order confirmation by email. Upon acceptance of the order by the provider, the fan will receive an order confirmation from the provider by email within three working days of receipt of the order, which constitutes the conclusion of the contract.

13.5. The purchase price shall bear interest at a rate of 4% p.a. from the date of default during the period of default.

13.6. If you have any questions, complaints, or claims regarding physical products, customer service representatives are available Monday through Friday between 8:00 a.m. and 5:00 p.m. via email at support@maloum.com.

14. Payments and billing

14.1. The fan must provide valid payment details in their account when taking out a subscription. The payment options available are credit card, PayPal, KLARNA, or crypto.

14.2. If the fan chooses the "credit card" payment option and provides their credit card details, the fan grants the provider the right to collect fees immediately (for individual purchases) or at the beginning of the applicable billing period (for subscriptions) from the fan's account.

14.3. If the fan selects the "PayPal" payment option when taking out a subscription, the fan makes the payments to GHOSTS New Media GmbH with debt-discharging effect. However, during the course of the contractual relationship with the fan, the provider is entitled at any time to name another payment recipient (including the provider itself) for payments made under this payment option.

14.4. In the event of a failed credit card debit, the provider is entitled to pass on the additional costs incurred to the fan. If the direct debit fails due to insufficient funds, is not executed due to incorrect payment details being provided, or if the fan disputes the direct debit without being entitled to do so, the provider is entitled to pass on the additional costs of up to EUR 50 to the fan if the fan is responsible for this. However, without prejudice to the provider's legal claims, the fan is free to prove that no damage or less damage has been incurred.

15. Reporting and preventing legal violations

15.1. The provider attaches great importance to protecting the rights of third parties and therefore to preventing infringing practices and content by fans.

15.2. If you believe that your rights have been infringed by content on the online content platform, or if you believe that the content infringes the rights of third parties, violates legal prohibitions, or is otherwise prohibited under these Terms and Conditions, please notify support@maloum.com immediately. The provider will investigate all notifications immediately and, in the case of an obviously justified notification, delete the content in question within 24 hours, or otherwise within seven days after conducting the necessary further investigations in the case of the actual existence of prohibited content.

16. Applicable law and place of jurisdiction

16.1. The courts in whose jurisdiction the fan (consumer) has their place of residence, habitual abode, or place of employment shall have jurisdiction to decide all disputes arising from the contractual relationship between the fan and the provider. All legal relationships between the provider and the consumer shall be governed by Austrian law, excluding referral and conflict of law rules, insofar as this does not deprive the consumer of the protection afforded to him by the consumer protection provisions of the country of his habitual residence, from which no deviation is permitted by agreement.

17. Cancellation policy and early contract fulfillment

17.1. Right of withdrawal for consumers

As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period begins 14 days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us,

neolime GmbH
Kolonitzgasse 2/54
1030 Vienna
Email: support@maloum.com

by means of a clear statement (e.g., a letter sent by post, email) of your withdrawal from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

17.2. Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the inexpensive standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract in comparison to the total scope of the services provided for in the contract.

17.3. Exclusion of the right of withdrawal

The right of withdrawal does not apply if, before the expiry of the withdrawal period, you expressly request the fulfillment of the contract within the meaning of section 17.4 of these Terms and Conditions, or if you order goods that are manufactured according to customer specifications or clearly tailored to personal needs.

17.4. Express request for contract fulfillment before the end of the withdrawal period

When taking out a subscription or placing a chargeable individual order, you must expressly agree by clicking a check box that we may begin performing our services before the end of the withdrawal period (Section 18 (1) (11) of the Distance and Off-Premises Sales Act (FAGG)). Furthermore, by clicking on the aforementioned check box, you must confirm your awareness that you will lose your right of withdrawal due to the early commencement of contract fulfillment. Without this consent and without your confirmation, we can only provide services from our paid individual offers and subscriptions after the fourteen-day withdrawal period has expired.

As of: October 1, 2025

APPENDIX B:/
Shipping cost table and delivery conditions for physical products in the web shop

– Deliveries are only possible to delivery addresses within Germany and Austria.

– Shipping costs within Germany and Austria are € 5.00. This value should be considered a guideline, as the final price depends on the nature of the product.

– The shipping costs from Germany to Austria and vice versa are € 10.00. This value should be considered a guideline, as the final price depends on the nature of the product.

– Orders are delivered exclusively by mail.

– In the event of a new shipment due to an incorrect address provided by the buyer, we reserve the right to charge the shipping costs retrospectively.