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    Agreement Between Client And Model

    Last Updated

    BOSA GROUP S.R.L., a Romanian legal entity, registered at the Trade Register Office attached to the Bucharest Tribunal under no. J2024012889404, having a unique registration code 50305303, headquartered in Bucharest, 3rd District, Sector 3, 317. Calea Călărași street, 1st floor, ap. 2, room nr. 8, e-mail: info@bosagroups.com, sole licensee of the website www.escogram.com , (hereinafter referred to as EscoGram), provides this Agreement between Client and Model (Agreement) with the purpose to set out the terms which govern and regulate each transaction between a Client and a Model on EscoGram.

    1. GENERAL PROVISIONS
    1.1 This Agreement applies each time a Client - Model Transaction is initiated on EscoGram, to the exclusion of any other terms which the Client or Model may propose, and this Agreement will legally bind the Client and Model participating in the Client - Model Transaction.
    1.2 The only parties to this Agreement are the Client and Model participating in the Client - Model Transaction. Neither Bosa Group S.R.L. nor any of its subsidiary companies are a party to this Agreement and neither Bosa Group S.R.L. nor any of its subsidiary companies grants any rights in respect of, nor participates in, any of the Client - Model Transaction, except that Bosa Group S.R.L. or any of its subsidiary companies may act as a payment intermediary in accordance with the Model's and Client's instructions set out in this Agreement.
    1.3 In this Agreement, defined terms have the following meanings:
    a. we refer to the website owned by Bosa Group S.R.L. as EscoGram, including when accessed via the URL www.escogram.com;
    b. references to we, our, us are references to Bosa Group S.R.L., the owner and operator of EscoGram;
    c. User means that person who accesses EscoGram and who is interested in the Services provided by Bosa Group S.R.L. and/or who registers in order to use the Services provided by Bosa Group S.R.L;
    d. User Content(s) means any material uploaded to EscoGram by a User, including any photos, videos, audio, livestream material, data, text (such as comments, reviews and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
    e. Model means a User who has set up his/her EscoGram account to post User Content on EscoGram to be viewed by Clients; Model's User Content may be freely available or pay-per-view on the basis of free and autonomous choice of the Model;
    f. Client means a User who follows a Model and is able to view the Model's Content;
    g. Client - Model Transaction means any transaction (payment) between a Client and a Model on EscoGram by which access is granted to the pay-per-view Model's User Content (pay-per-view media and pay-per-view live stream);
    h. Client Payment means any and all payments made by a Client to a Model in connection with a Client - Model Transaction;
    i. Tax shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of Romania or any other jurisdiction;
    j. VAT means Romanian value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction.
    2. PRICING OF USER CONTENT AND PAYMENT
    2.1 By entering into a Client - Model Transaction, the Client agrees to pay the Client Payment applicable to the relevant Client - Model Transaction in accordance with the prices published in the Model's personal page. The Client and Model participating in the Client - Model Transaction authorize Bosa Group S.R.L. or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Client Payment and any applicable VAT, Tax or other applicable fees, and to pay out the sums due to Models.
    3. TERM OF THE AGREEMENT
    3.1 This Agreement enters into force once the Client Payment is made and it maintains its validity according to the subscription plan selected by the Client, as per the provisions of the Terms of Service.
    3.2 In case the Client does not cancel the subscription plan until the term described in section 3.1 above is reached, such subscription will be automatically renewed for additional periods of the same duration.
    4. CONTENTS
    4.1 Once the Client has made the Client Payment for a Client - Model Transaction, the Model grants to the Client a limited license to access the applicable User Content of that Model to which the Client - Model Transaction relates (the Purchased Content). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Client to access and view the Purchased Content on the Client's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Client's accessing the Content, for example caching), in accordance with the EscoGram Terms of Use for all Users.
    4.2 The Client participating in the Client - Model Transaction acknowledges and agrees that the license of the Purchased Content provided in the section 4.1 above does not result in the Client acquiring any rights in or to the Purchased Content, which rights shall be retained by the Model of the Purchased Content.
    4.3 The license granted to a Client in relation to the Purchased Content will expire automatically without notice in the following circumstances:
    a. if the Client Payment related to the Client - Model Transaction is unsuccessful, or is charged back or reversed for any reason;
    b. in respect of live-streaming pay-per-view User Content, once the Client has completed viewing that User Content;
    c. if the Client's User account is suspended or terminated for any reason;
    d. if the Client acts in breach of the EscoGram Terms of Service or any other EscoGram Policy;
    e. if the Purchased Content is removed from the Model's account;
    f. if the Client closes his/her EscoGram User account;
    g. if the Client cancels subscription before renewal which terminates the Agreement by reaching its term.
    5. RIGHT OF WITHDRAWAL
    5.1 The Client explicitly consents to start the provision of the Purchased Content during the period of right of withdrawal and acknowledges that he/she is losing his/her right of withdrawal.
    5.2 The right of withdrawal is therefore excluded in the Agreement between Client and Model and in any Client - Model Transaction.
    6. OBLIGATIONS
    6.1 In respect of every Client - Model Transaction:
    a. the Client and the Model participating in the Client - Model Transaction agree to comply at all times with the EscoGram Terms of Service in relation to the Purchased Content, including when accessing, viewing and interacting with it;
    b. the Client participating in the Client - Model Transaction agrees to make the Client Payment required to access, view or interact with the Purchased Content, and agrees not to initiate a chargeback other than if the Client disputes the Client - Model Transaction in good faith;
    c. the Model participating in the Client - Model Transaction agrees to (and let EscoGram to) make the Purchased Content available to the Client once the Client has made the Client Payment applicable to the Purchased Content;
    d. the Model warrants that he/she owns all necessary rights in and to the Purchased Content sufficient to license it to the Client in the territory in which the Client will be accessing the Purchased Content, and has obtained any and all permissions and consents needed to grant the license in the section 4.1 above of this Agreement;
    e. the Model is solely responsible for creating and uploading the Purchased Content;
    f. unless there has been negligence or other breach of duty by the Model, the accessing by the Client of the Model's Content is entirely at the Client's own risk.
    6.2 The Client participating in the Client - Model Transaction acknowledges that Models may add and remove User Content at any time from their personal page, and that Models have the discretion to decide what sort of User Content to make available on their personal page, whether for free or on pay-per-view.
    6.3 The Client participating in the Client - Model Transaction acknowledges that there may be circumstances where it is not possible for the Client to access to Purchased Content to be provided under the Client - Model Transaction, including:
    a. if the Model's or the Client's account is suspended or deleted;
    b. if the availability of all or any part of EscoGram website is suspended or inaccessible.
    7. ANTI – SLAVERY CLAUSE
    7.1 This Agreement concluded between the Client and the Model does not include escort or prostitution services of any kind.
    7.2 The Client and the Model are strictly forbidden to form a distinct contract, through EscoGram having as subject matter escort or prostitution services.
    7.3 The Client and the Model understand and agree that Bosa Group S.R.L. is not, and cannot be considered a mediator, intermediary, or party to any agreements between the Client, Model and any other individual regarding the escort or prostitution services.
    7.4 The Client and the Model participating in the Client - Model Transaction agree to comply at all times with the EscoGram Anti-slavery Policy for all term of the Agreement.
    8. APPLICABLE LAW AND DISPUTE RESOLUTION
    8.1 Without prejudice to the application of the European binding rules for consumer protection, this Agreement and any related Client - Model Transaction shall apply Romanian Law.
    8.2 If the Client is a European consumer, he/she will also be able to rely on mandatory rules of the law of the country where he/she lives.
    8.3 In any case, a specific European platform for online dispute resolution (ODR) is available and accessible at https://ec.europa.eu/consumers/odr/.
    9. SEVERABILITY
    9.1 In the event any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, or is prohibited by law, the remaining provisions of the Agreement shall remain in full force and effect, and the remainder of this Agreement shall be valid and binding as though such invalid, unenforceable, or prohibited provision were not included herein.
    10. AMENDMENT OF THE AGREEMENT BETWEEN MEMBER AND ESCOGRAMMER
    10.1 Bosa Group S.R.L. will review this Agreement between Member and Escogrammer regularly and has the right to amend or supplement this Agreement accordingly at any time.
    10.2 Such revision will be notified by changing the Last Updated date. After the date on which the updated policy is published, accessing the site will represent the User's acceptance of the respective updated conditions.