Terms of service

Status: OUTLINE FOR COUNSEL — NOT A LEGAL DOCUMENT
Version: 0.1
Date: April 2026
Purpose: Structured checklist for legal counsel to draft the full Terms of Service
Jurisdiction: Dutch law, Amsterdam courts

This document is not a Terms of Service. It is an outline identifying the topics, business rules, and regulatory requirements that the ToS must address. Legal counsel should use this as a starting point and add, modify, or remove sections as required by Dutch and EU law.

1. Eligibility and Age Requirements

• Minimum age: 18 years for all users; 21 years in US jurisdictions that require it (Phase 4+)
• Age verification method: government ID + liveness check via Veriff for all provider accounts; age verification for paying client accounts (Member and Gold tiers)
• Providers must be legally permitted to offer adult companion services in their jurisdiction of operation
• NL providers: must hold a valid WRS license when the Wet regulering sekswerk takes effect, or demonstrate legal operation under current law
• Users must not be subject to EU/NL/UN sanctions
• One account per person (provider and client accounts may coexist for the same natural person, but duplicate provider or duplicate client accounts are prohibited)

2. Account Types and Their Rights/Obligations

2.1 Provider Accounts

• Free, Pro (€39/mo), Elite (€129/mo), Agency (€299/mo + €15/seat) tiers — define features and limitations of each
• Obligation to complete identity verification before profile publication
• Obligation to keep profile information accurate and current
• Right to control who can message/book them (screening, blocklist)
• Right to participate in shared blocklist network (opt-in)
• Obligation to respond to moderation inquiries within stated timeframe
• Agency accounts: define manager vs. provider roles, liability allocation

2.2 Client Accounts

• Visitor (free), Member (€19/mo), Gold (€49/mo) tiers — define features and limitations
• Obligation to complete verification appropriate to tier
• Gold tier: 2FA mandatory
• Right to pseudonymous participation (display name need not be legal name)
• No right to public reviews of providers (policy decision — explain rationale)
• Algorithmic trust score: explain what it is, that it is visible to providers, how it is calculated (in general terms), and that it is not based on user-submitted reviews

3. Acceptable Use

• Platform is for connecting adult companions with clients for legal services
• Users must comply with all applicable laws in their jurisdiction
• Users must not use the platform for any purpose other than its intended function
• Users must not attempt to circumvent verification, age-gating, or moderation systems
• Users must not scrape, crawl, or bulk-download content
• Users must not reverse-engineer the platform or its security features
• Users must treat other users with respect in all communications

4. Prohibited Conduct

• Any activity involving minors (zero tolerance)
• Human trafficking, coercion, or exploitation of any kind
• Posting non-consensual intimate imagery
• Impersonation of another person
• Fraud, including bait-and-switch profiles
• Harassment, threats, doxxing, or outing
• Spam, bulk messaging, or bot activity
• Advertising illegal services (per the jurisdiction where the service would be performed)
• Advertising or selling drugs, weapons, or other controlled items
• Attempting to arrange services with persons known or suspected to be under 18
• Sharing another user's private information (real name, address, etc.) without consent
• Circumventing payment systems (e.g., directing clients off-platform to avoid deposit escrow)
• Creating multiple accounts to evade bans or restrictions

5. Content Ownership and Licensing

• Providers retain ownership of all content they upload (photos, videos, text)
• Providers grant Aurora a limited, non-exclusive, revocable license to display, distribute, and cache their content for the purpose of operating the platform
• License scope: display on aurora.eu and associated subdomains, CDN distribution, thumbnail generation, search indexing
• License terminates upon account deletion (subject to reasonable cache expiry and backup retention periods — specify timeframes)
• Aurora may apply watermarking and reverse-image-search protection to uploaded media
• Aurora does not claim ownership of user content
• DMCA / EU Copyright Directive takedown procedure: cross-reference to separate Copyright Policy
• User-generated content may be removed per the Content Moderation Policy (cross-reference)

6. Privacy and Data Protection

• Cross-reference to the Privacy Policy (separate document — must be drafted by counsel)
• Cross-reference to the Cookie Policy (separate document)
• Summary of key data processing activities: identity verification, messaging (E2EE — server stores ciphertext only), payment processing, content moderation, analytics
• Legal bases for processing: contract performance, legal obligations (AML, DSA), legitimate interests, consent (where applicable)
• Data residency: EU-only primary infrastructure
• KYC data handling: raw documents deleted after verification, only results and hashes retained
• Right to data portability: users can export their profile data
• Right to erasure: users can request account deletion; AML/legal retention obligations override for specified data categories

7. Payment Terms

7.1 Memberships (Provider SaaS + Client Memberships)

• Recurring billing via CCBill (primary) / Segpay (fallback)
• Billing frequency: monthly
• Auto-renewal: yes, with clear disclosure and easy cancellation
• Cancellation: effective at end of current billing period; no partial refunds for unused time
• Price changes: 30-day advance notice required
• Free trial terms (if offered): must require explicit consent to convert to paid; no silent auto-charge
• VAT handling: EU MOSS/OSS scheme; VAT included in displayed prices for EU consumers

7.2 Deposit Escrow

• Aurora holds deposits on behalf of the provider via the payment processor
• Aurora charges 8% of the deposit amount + processor fees
• Aurora never handles session fees — only the deposit
• Deposit release conditions: provider confirms session completion
• Deposit refund conditions: provider cancels, or client cancels within provider's stated cancellation policy
• Dispute resolution for deposits: specify process (see Section 8)

7.3 Chargebacks

• User responsibility for fraudulent chargebacks
• Aurora's right to suspend accounts involved in chargeback disputes
• Chargeback fees passed through to the party at fault (where determinable)
• Cooperation with payment processor chargeback processes

7.4 Tour Boosts and Featured Placements

• One-time purchases, non-refundable once the boost period has begun
• Pricing: €29 per city per week (subject to change with notice)

8. Dispute Resolution

• Internal complaint mechanism: users can raise complaints via in-platform support
• Deposit disputes: mediation by Aurora support team; if unresolved, escalation per Section 8
• Moderation disputes: appeals process per the Content Moderation Policy
• Out-of-court dispute settlement: Aurora participates in certified ADR/ODR bodies per DSA Article 21
• Reference to the EU Online Dispute Resolution platform (ODR) for consumer disputes
• Escalation to courts: Amsterdam District Court (Rechtbank Amsterdam) has exclusive jurisdiction

9. Limitation of Liability

• Aurora is a platform, not a party to transactions between providers and clients
• Aurora does not guarantee the identity, conduct, or quality of any user, despite verification measures
• Aurora is not liable for interactions, meetings, or transactions that occur off-platform
• Aurora's liability is limited to [amount to be determined by counsel — typically capped at fees paid in the preceding 12 months]
• Exclusion of liability for indirect, consequential, and incidental damages
• No limitation on liability for death, personal injury caused by negligence, or fraud (per Dutch law, these cannot be excluded)
• DSA Article 6 safe harbor: Aurora acts in good faith upon obtaining actual knowledge of illegal content

10. Governing Law and Jurisdiction

• Governing law: Dutch law (Nederlands recht)
• Exclusive jurisdiction: Amsterdam District Court (Rechtbank Amsterdam)
• For EU consumers: mandatory consumer protection rules of the consumer's member state apply where they provide greater protection (Rome I Regulation, Art. 6)
• Language: ToS available in English (primary) and Dutch; in case of conflict, Dutch version prevails [or English — counsel to advise]

11. DSA-Specific Disclosures (Articles 14, 17, 24, 25, 27)

• Article 14: Clear description of content moderation practices in the ToS, including use of automated tools
• Article 14: Explanation of the internal complaint-handling system
• Article 17: Statement of reasons provided to users when content is removed or accounts are restricted
• Article 24: Link to the transparency report (published quarterly)
• Article 25: Disclosure of the main parameters of recommender systems (search ranking, featured placement) and the option for users to influence those parameters
• Article 27: Designated legal representative in the EU (Aurora BV is EU-based, so this is the entity itself)
• Notice-and-action contact point and procedures (cross-reference to Content Moderation Policy)
• Trusted flagger program acknowledgment

12. GDPR-Specific Disclosures

• Identity and contact details of the data controller (Aurora BV)
• Contact details of the Data Protection Officer (to be appointed)
• Categories of personal data processed (cross-reference to Privacy Policy)
• Legal bases for processing (per activity)
• Data retention periods (per data category)
• Rights of data subjects: access, rectification, erasure, restriction, portability, objection, automated decision-making
• Right to lodge a complaint with the Autoriteit Persoonsgegevens (Dutch DPA)
• International data transfers: state that primary processing is within the EU; identify any third-country transfers and safeguards (e.g., SCCs with Veriff (Estonia — EU, no transfer issue), payment processors)
• Automated decision-making: disclose use of automated moderation, algorithmic trust scoring; confirm human review is available for consequential decisions (DSA + GDPR Art. 22 alignment)

13. Modification and Termination

13.1 Modification of Terms

• Aurora may modify the ToS with 30 days' advance notice
• Notice provided via email and in-platform notification
• Continued use after the notice period constitutes acceptance
• Material changes (price increases, scope changes) require affirmative consent for existing paying users
• Previous versions archived and accessible at [URL]

13.2 Account Termination by User

• Users may delete their account at any time via account settings
• Deletion process: account deactivated immediately, data deleted within 30 days (except data retained under legal obligations — AML, DSA audit trail)
• Provider content removed from public search and profiles within 24 hours of deletion request
• Outstanding payouts processed before account closure

13.3 Account Termination by Aurora

• Aurora may suspend or terminate accounts for violation of the ToS, Acceptable Use Policy, or Content Moderation Policy
• Immediate termination for zero-tolerance violations (CSAM, trafficking, underage)
• Notice and opportunity to cure for lesser violations (where appropriate)
• Right to appeal per the Content Moderation Policy
• Refund policy upon Aurora-initiated termination: pro-rata refund of prepaid membership fees (counsel to confirm)

13.4 Effect of Termination

• Sections that survive termination: limitation of liability, governing law, dispute resolution, content license (to the extent needed for cache/backup cleanup), confidentiality
• Data retention post-termination per Privacy Policy and AML Policy

Additional Items for Counsel to Consider

• Severability clause
• Entire agreement clause
• Assignment clause (Aurora may assign; users may not)
• Force majeure
• Waiver clause
• Accessibility statement (WCAG compliance commitment)
• Third-party services acknowledgment (CCBill, Segpay, Veriff — users are also bound by their terms for respective services)
• Age-verification technology disclosure (method, provider, what data is collected)
• NL-specific: compliance with Burgerlijk Wetboek (Dutch Civil Code) provisions on general terms and conditions (Afdeling 6.5.3 BW) — particularly the requirement for reasonable opportunity to review terms before contract formation

OUTLINE FOR COUNSEL — NOT A LEGAL DOCUMENT. This outline is provided to legal counsel as a working checklist. It does not constitute legal advice and must not be published or presented to users as a Terms of Service.