INCENTIFER Solutions by Armin Hang
INCENTIFER-Connect
Video Connect
Bienenstrasse 90
9244 Niederuzwil
Switzerland
General Terms and Conditions (GTC)
Table of Contents
- Contracting Parties and Platform Structure➜
- Introduction➜
- Definitions➜
- Eligibility and Age of Majority➜
- Confidentiality and Discretion➜
- Nature of the Services➜
- Intellectual Property and Rights of Use➜
- Bookings and Appointment Organisation➜
- Video Calls➜
- Custom Video Orders➜
- Requests Outside the Official Offering➜
- Late Arrival by the Customer and Booking Changes➜
- Cancellation, Non-Attendance and Early Termination by the Customer➜
- Withdrawal➜
- Processing Refunds➜
- Quality Control and Fraud Prevention➜
- Payments and Complaints➜
- Prohibited Conduct➜
- Sanctions and Contractual Penalties➜
- Availability and Liability➜
Contracting Parties and Platform Structure
The operator of the platform and your contracting party is the agency named above these GTC or in the legal notice. The contract for the booked service is concluded between you and the agency; no separate contract is formed with the service provider. The agency operates the platform, accepts bookings and payments, organises appointments and is responsible for quality control, support and handling complaints, service disruptions and refund claims. It may engage service providers, partners and subcontractors to provide the services.
Introduction
These GTC apply to use of the platform and all contractual relationships initiated or established through it. Your acceptance of these GTC is required for paid services.
Mandatory statutory rights applicable due to your habitual residence or other legally relevant connecting factors remain unaffected and prevail over conflicting provisions of these GTC.
The original language of these GTC is German. In the event of discrepancies between language versions, the German version prevails unless mandatory law provides otherwise.
Definitions
“Agency” means the operator named in the legal notice.
“Platform” means the agency’s websites, booking systems and associated communication channels.
“User” means anyone who visits or uses the platform.
“Customer” means anyone who books or orders a paid service.
“Service Providers” means the persons engaged by the agency to perform the offered services.
“Signature Booking” means a correspondingly designated service with special arrangements and increased preparation, organisation or coordination requirements.
“Setcard” means the description of a service provider and their services, content, boundaries and exclusions.
“Protected Content” means all media and platform content provided, displayed or transmitted through the platform or in connection with its services, in particular video calls, images, videos, audio content, profiles, setcards, texts, logos, trademarks, watermarks, platform interfaces and designs.
“Confidential Communications” means statements, messages and information from video calls or other personal communications between customers, service providers or staff.
“Direct Contact” means any contact with a service provider outside the designated communication channels, including through details obtained from calendar entries, emails, access links, bookings or other technically visible sources.
“Platform Circumvention” means initiating, agreeing, performing or paying for a service outside the designated processes where the contact or opportunity arose through the platform, a booking or an agency service. Assisting with such conduct is also covered.
“Solicitation” means any attempt to induce service providers or staff to restrict or end their cooperation with the agency or to work while excluding or circumventing the agency, as well as promoting or assisting such an attempt.
“Manipulation or Circumvention of Platform Processes” means any deception, alteration, improper use or circumvention of booking, payment, access, verification, security or control processes.
“Collection and Exploitation of Platform Information” means any manual, automated or systematic collection, extraction, aggregation, disclosure or exploitation of platform information, in particular for bulk downloads, data collections or databases.
“Content and Identity Manipulation” means creating or using altered, replicated or misrepresented content, persons, identities, actions or statements, in particular through deepfakes, face swaps or other AI manipulation.
“Circumvention of Technical Protection Measures” means removing, altering, disabling, overcoming or circumventing technical measures or restrictions protecting content, access or persons, in particular watermarks, fingerprinting and “View Once”.
“Access Misuse” means improper use or disclosure of booking links, session links, access credentials or comparable means of access, in particular for other services or appointments or for the benefit of unauthorised persons.
“Abusive Payment Dispute” means disputing or reclaiming a payment despite proper performance and without legitimate grounds.
“Abusive Conduct” means conduct towards service providers or staff that disregards personal boundaries or safety or materially impairs contractual performance, for example by pressuring them for unbooked or excluded services, disregarding a refusal, insulting, threatening or harassing them, or engaging in other conduct that violates personal boundaries.
Eligibility and Age of Majority
The platform and all services are intended exclusively for natural persons who have reached the age of majority and have legal capacity under Swiss law and the law of their country of residence and who are permitted to use them at their current location.
The agency and service providers may request proof of age, identity and eligibility at any time. Where doubts exist, they may refuse or terminate access, bookings or calls.
If you do not meet the requirements or refuse required proof, you are not entitled to a refund.
Confidentiality and Discretion
5.1 All parties must treat confidential communications as confidential and may not publish, disclose without authorisation or otherwise exploit them without the consent of the person concerned. The agency places its staff and service providers under corresponding obligations.
5.2 This does not apply where disclosure is necessary for contractual processing, enforcement or defence of legal rights, preventing or reporting suspected unlawful conduct or compliance with legal obligations. Disclosure must be limited to what is necessary.
5.3 Rights in a person’s own statements, content and intellectual creations remain with the respective rights holder. Communicating them does not grant any rights of use unless expressly agreed otherwise.
Nature of the Services
The platform offers virtual communication, entertainment and interaction services for leisure purposes. They do not create romantic, exclusive, partnership, personal or financial obligations.
The persons presented on the platform were verified for identity and age before activation. Service providers design and perform their services voluntarily and independently.
Intellectual Property and Rights of Use
You receive only such personal, non-transferable and non-sublicensable right to use protected content as is required for the booked service.
You may not record, save, capture or archive video calls, in whole or in part, yourself or through third parties.
This prohibition applies regardless of the device, method or available recording, storage or download function; the availability of such a function does not constitute permission.
Mere live viewing and contractual use of custom videos or digital content provided by the agency remain permitted.
Content Submitted by Users
The person providing content confirms that they hold all necessary rights, may grant them to the agency and that no third-party rights prevent this.
For content expressly provided for use or publication, the agency receives a non-exclusive, perpetual, revocable, worldwide and royalty-free licence to store, edit, reproduce, publish, distribute and make the content publicly available in connection with its offers, platforms and campaigns and in digital and print media.
It may require evidence or separate releases, sublicence the necessary rights to technical service providers and partners, and reject or remove content.
Following revocation, it will cease further use and delete copies under its control unless a retention obligation applies. It cannot guarantee removal of copies outside its control.
If content infringes third-party rights, the person providing it shall indemnify the agency against third-party claims and reasonable costs.
Bookings and Appointment Organisation
Bookings require the contact and payment details specified in the booking form. You are responsible for providing complete, accurate and reachable contact details. Payment data is processed through external payment providers.
If you provide incorrect or unreachable contact details, the service may not be fully performed; in that event, the provisions on late arrival or non-attendance apply.
A booking is confirmed only when payment has been successfully authorised or approved and the booking confirmation has been sent. In the event of payment problems or security concerns, the agency may suspend, postpone or refuse the service pending clarification.
Personal Bookings and Groups
Bookings are personal and non-transferable. Only the person who made an individual booking may participate. For group bookings, the stated price applies per participant and per service provider; each additional participant and each additionally booked service provider is charged in full.
Video Calls
Access Link
After payment confirmation, you receive the personal access link. The link may be used only for the booked appointment and scope of service and must never be disclosed.
Start and Duration
The available period begins at the agreed start time and includes the booked service duration and the stated time buffer.
During this period, you must remain reachable through the agreed channel, respond promptly and rejoin the video call at short notice when requested. You do not have to remain in the video call continuously.
Failure to Appear and Disruptions
If the service provider fails to appear at the agreed start time or the video call is materially disrupted, you must report this immediately through a designated support channel.
A 20-minute waiting period begins upon verifiable dispatch of the report. During this period, you must remain reachable and ready for the service to begin or continue.
If the video call does not begin or properly resume within this period, you may end your further availability. You receive a replacement service for the service time not provided by the end of the available period.
Customer Cooperation and Omissions
If you fail to provide cooperation that is necessary and reasonable for performing or continuing the service, you are not entitled to a replacement service or refund to the extent this prevents remedy or immediate make-up performance.
Scope of Service
The agency owes contractual performance of the presentation described in the setcard or offer description during the booked service duration. Where the offer so provides, this includes permissible customer instructions within the agreed boundaries.
No particular subjective experience or content not expressly agreed is owed. Differences in language, accents or simple communication are not defects as long as the agreed presentation remains possible.
Defects and Remedy
If the presentation objectively does not correspond to the booked description or cannot be performed as agreed due to insufficient mutual understanding, you must state this immediately, interrupt the video call within the first 60 seconds if necessary and contact support.
Service Provider Unable to Attend
If the booked service provider cannot attend, the agency may use a substitute who is similar in type or suitable for the presentation. If you reject the substitute within 60 seconds after the call begins, a replacement appointment with the originally booked or another suitable service provider will be offered where possible.
Interruptions and Disruptions
Material interruptions caused by electricity, internet, mobile network, platform or similar technical problems will, where possible, be resolved within the available period and the lost time made up immediately. Otherwise, a replacement appointment will be offered for the remaining lost time.
Refund for Services Not Provided
If you reject an offered substitute service provider or replacement appointment, you may request a refund of the part of the booking price attributable to the service not provided.
Custom Video Orders
Custom video orders are implemented according to the offered scope of service, the service provider’s voluntary consent and the available technical, organisational and creative possibilities.
Requests may be reasonably adapted, simplified, shortened or rejected if they do not fit the offer, are not feasible or require disproportionate effort. The service is fulfilled when a video has been provided that implements the agreement appropriately and in accordance with the contract.
The video may be provided for one-time or time-limited viewing (“View Once”). There is no entitlement to permanent storage or delivery of the video file unless expressly agreed.
Requests Outside the Official Offering
Requests for unpublished services are free of charge and non-binding. The agency may reject them or offer to assess them for a service fee disclosed in advance. The offer states the scope and price; the contract is concluded only upon acceptance.
No particular outcome or subsequent performance of the project is owed. Further services require a new offer and renewed acceptance.
Late Arrival by the Customer and Booking Changes
Late Arrival by the Customer
If you arrive late, the video call may take place if you join within 20 minutes after the start time. The appointment ends at the scheduled end time and is not extended. After 20 minutes, the provisions on non-attendance apply.
Booking Changes
Request
You may request a booking change, such as rescheduling or extending the booking, by email to team@incentifer-connect.ch or via Telegram to @exotic_video_vibes; there is no entitlement to a change.
The request must include the booking number, a new date and a new time; where possible, an alternative appointment should be provided.
The agency processes complete requests as soon as possible during support hours from Monday to Sunday, 10:00 to 22:00 Swiss time.
If required information or answers to necessary follow-up questions are missing, the original appointment remains binding.
A change offer states the change, credit, rebooking bonus, remaining amount and payment link and remains valid for 30 minutes after the payment link is sent. The change becomes binding without further confirmation upon timely receipt of full payment.
Changes you make to booking or calendar entries and technical or automatically generated displays and confirmations do not change the booking or establish any entitlement to the displayed appointment.
Limit
No more than one free and one paid booking change may be granted within a booking lifecycle. All changes remain under the same booking number and, including the final replacement appointment, must be completed within 30 calendar days after the initial booking.
A free change is possible if the complete request is received at least 24 hours, or 48 hours for Signature Bookings, before the appointment begins. After that and up to six full hours before the start, you may request one paid change for bookings of CHF 199.99 or more, subject to availability. Support may voluntarily allow further changes as a gesture of goodwill; there is no entitlement to them.
Rebooking Costs and Rebooking Bonus
The following applies to the administrative fee under this Section and the fixed compensation under Section 13.1.1: You may prove that no loss or expense, or a substantially lower loss or expense, was incurred. For a paid booking change, the original appointment is settled under Section 13.1 and the table in Section 13.1.1.
The remaining credit is applied to the replacement appointment. If you pay the offer in full within 30 minutes, a rebooking bonus is also deducted from the price of the replacement appointment. Based on the original booking price, it is:
| Original Booking Price | Rebooking Bonus |
|---|---|
| CHF 199.99 to CHF 399.99 | 10% of the original booking price |
| CHF 400.00 to CHF 699.99 | 17.5% of the original booking price |
| CHF 700.00 to CHF 999.99 | 20% of the original booking price |
| CHF 1,000.00 to CHF 1,499.99 | 25% of the original booking price |
| From CHF 1,500.00 | 35% of the original booking price |
The bonus is not paid out or transferred to other bookings. If payment is not received or is late, the change does not take effect: the original booking remains in place and the bonus expires.
If you cancel this booking and a refund credit arises under Section 13.1.1, an administrative fee of CHF 50 is deducted from it. If the fee exceeds the credit, you do not have to pay anything further.
Cancellation, Non-Attendance and Early Termination by the Customer
Cancellation and Non-Attendance
You may cancel a booking only through the cancellation link in the booking confirmation no later than one hour before it begins. Cancellation is no longer possible after that; if you do not participate, this constitutes non-attendance. A cancellation is final and cannot be unilaterally revoked or subsequently converted into a free booking change. In the event of cancellation or non-attendance, you owe the agency compensation for the effort incurred and the time reserved according to this table:
Compensation Table
For classification purposes, only the full days and hours remaining until the appointment begins are counted.
| Cancellation Time | Compensation Due |
|---|---|
| More than 10 full days before the appointment | CHF 6.99 + 25% of the price |
| 6 to 10 full days before the appointment | CHF 6.99 + 30% of the price |
| 3 to 5 full days before the appointment | CHF 6.99 + 35% of the price |
| 48 to 71 full hours before the appointment | CHF 6.99 + 40% of the price |
| 24 to 47 full hours before the appointment | CHF 6.99 + 45% of the price |
| 12 to 23 full hours before the appointment | CHF 6.99 + 50% of the price |
| 6 to 11 full hours before the appointment | CHF 6.99 + 55% of the price |
| Less than 6 full hours before the appointment / non-attendance | 100% of the price |
The remaining part of the booking price already paid is refunded to you. You may submit a reasoned request for goodwill to support with the booking number; there is no entitlement to goodwill.
Early Termination by the Customer
If you voluntarily end a properly conducted video call early or do not use the further service offered in accordance with the contract, the remaining time is deemed unused. There is no entitlement to a make-up service or refund.
Withdrawal
Video Calls
There is no statutory right of withdrawal for video calls as services related to leisure activities booked for a specific appointment or period, unless applicable law provides otherwise.
Custom Video Orders and Digital Content
Where a right of withdrawal exists, performance before expiry of the withdrawal period begins only at your express request. For digital content not supplied on a tangible medium, supply before expiry of the period begins only with your express consent and confirmation that you thereby lose your right of withdrawal, to the extent provided by applicable law.
Paid Assessments and Other Services
Where a right of withdrawal exists and you request performance to begin before expiry of the period, you owe the remuneration provided by law for the service performed up to withdrawal. Upon complete performance, the right of withdrawal expires only under the conditions of applicable law.
Exercising the Right of Withdrawal
You may exercise an existing right of withdrawal through the platform’s withdrawal function or by making an unequivocal declaration to the agency. Details, the period and the model form are set out in the withdrawal information provided. Withdrawal, cancellation and rebooking are distinct: a cancellation or rebooking request does not automatically constitute withdrawal.
Processing Refunds
Within one to three working days after your entitlement has been clarified, the agency initiates the refund through the payment method originally used. The exact time of crediting depends on the payment provider and cannot be influenced by the agency.
Quality Control and Fraud Prevention
The agency may provide organisational support for calls, moderate them or involve supervisors. They may be present or connected without being continuously visible.
Where there are specific grounds to suspect a breach of the rules, fraud, platform circumvention or a security incident, the agency may preserve necessary and proportionate evidence and use appropriate watermarking, fingerprinting, identification and detection methods. The privacy policy also applies.
Payments and Complaints
Fees are due upon ordering and are processed through external payment providers. Complaints should first be submitted to support with proof of payment and a description; the agency reviews them within a reasonable period.
Statutory rights and time limits remain unaffected. The agency may offer goodwill solutions in individual cases, such as credits, replacement services or rebookings. This does not establish an entitlement in other cases. In the event of an abusive payment dispute under Section 3, you bear only the reasonable processing and third-party costs caused by it for which you are responsible.
Prohibited Conduct
The following conduct is prohibited. When classifying access misuse and unauthorised non-public disclosure of protected content, the extent, number of persons, repetition, systematic nature and purpose are relevant.
Prohibited Conduct
Prohibited: Abusive Conduct under Section 3; one-time Access Misuse through participation or listening-in by one unauthorised person without disclosure of access.
Material Prohibited Conduct
Prohibited: Direct Contact under Section 3; requesting, offering or exchanging private contact or payment details for Direct Contact or Platform Circumvention; limited Access Misuse; limited unauthorised non-public disclosure of Protected Content.
Serious Prohibited Conduct
Prohibited: Platform Circumvention and Solicitation under Section 3; Manipulation or Circumvention of Platform Processes, including attempts and assisting third parties; Collection and Exploitation of Platform Information; recording a video call contrary to Section 7; Content and Identity Manipulation; Circumvention of Technical Protection Measures; repeated, systematic or extensive Access Misuse or corresponding non-public disclosure of Protected Content; attempting to sell, monetise or otherwise commercially exploit Protected Content.
Particularly Serious Prohibited Conduct
Prohibited: Publishing or making Protected Content publicly available; selling or commercially exploiting Protected Content.
Sanctions and Contractual Penalties
In the event of Prohibited Conduct under Sections 18.1 to 18.4, an ongoing service may be terminated immediately. There is then no entitlement to a refund or make-up service. Mandatory statutory provisions concerning the permissibility, limitation or reduction of contractual penalties remain unaffected.
Warning
You may be warned for Prohibited Conduct under Section 18.1.
Contractual Penalty of CHF 5,000
For Material Prohibited Conduct under Section 18.2, you owe a contractual penalty of CHF 5,000 per breach.
Contractual Penalty of CHF 10,000
For Serious Prohibited Conduct under Section 18.3, you owe a contractual penalty of CHF 10,000 per breach.
Contractual Penalty of CHF 25,000
For Particularly Serious Prohibited Conduct under Section 18.4, you owe a contractual penalty of CHF 25,000 per breach. A further contractual penalty of CHF 25,000 is owed for each additional separate publication or commercial exploitation.
Cessation and Removal
Irrespective of any contractual penalty, the agency may require you to cease the breach immediately and remove its continuing consequences where possible and reasonable. You must take the necessary and possible measures and provide the agency with reasonable assistance. Further claims remain unaffected.
Due Date and Further Loss
Contractual penalties are due for immediate payment upon the first written or electronic demand. If the proven loss exceeds the contractual penalty, the agency may, subject to the statutory requirements, claim the excess amount; it becomes due for immediate payment upon a corresponding demand.
Availability and Liability
The agency may restrict or refuse bookings, access, regions or services for security, misuse-prevention, data-protection, organisational or commercial reasons. Service providers may change, pause or end their activities.
The agency may change, temporarily suspend or discontinue the platform or individual offers for the future. Bookings already confirmed and resulting statutory or contractual claims remain unaffected. To the extent permitted by law, liability of the agency and its auxiliary persons for direct and indirect loss is excluded.
Liability for unlawful intent, gross negligence and other mandatory statutory claims remains unaffected. Uninterrupted and error-free availability of the website, booking systems, support or other technical facilities cannot be guaranteed.
SimplyBook.me Ltd is the provider of the booking system.
SimplyBook.me Ltd is merely the provider of the booking system. Please contact INCENTIFER Connect by A. Hang for further information or support.