(Dogovor med Upravljalcem platforme in Ustvarjalcem vsebine za odrasle)
Effective from 26 November 2025
Adiuvo, oglaševalska agencija, d.o.o., Fužine 134, 1241 Kamnik, VAT ID number: SI61635189 (hereinafter: "Platform Operator"),
AND
[Full legal name of the Model, Address], born [date of birth], passport / ID number: [passport / ID number] (hereinafter: "Model")
(hereinafter jointly referred to as the "Parties").
A. The Platform Operator operates the online portal "Samo Prijatelji" at www.samoprijatelji.com (hereinafter: "Online Portal") in accordance with the General Terms of Service (effective 26 November 2025), Acceptable Use Policy, Privacy Policy, Cookies Policy, Notice and Takedown, all of which are publicly available on the website of the Online Portal (hereinafter collectively the "Platform Rules").
C. The Parties wish to cooperate so that the Platform Operator provides the technical platform, payment processing and payout services, while the Model assumes full and exclusive responsibility for the uploaded content and full compliance with the Platform Rules and all applicable laws, and all associated legal risks.
D. The Parties agree that this Agreement is governed exclusively by Slovenian law and that the court in Ljubljana shall have exclusive jurisdiction for any disputes.
All capitalised terms not defined herein have the meanings given in the Platform Rules.
2.1 The Platform Operator grants the Model non-exclusive access to the Online Portal for the purpose of creating and monetising Creator account.
2.2 The Platform Operator shall receive all Follower Payments, deduct its fee and all other applicable deductions (as set out in Article 6), and make the remaining Creator Earnings available for payout to the Model in accordance with Article 6.
2.3 The Model shall be solely and exclusively responsible for everything else, including but not limited to all obligations listed in Article 3.
2.4 The Model expressly acknowledges and agrees that the Platform Rules (as published on the website of the Online Portal and as may be amended from time to time) are fully binding and that it shall ensure full and continuous compliance. The Model also expressly acknowledges and agrees that the Platform Rules are also binding for any person the Model gives access to the Platform. Any breach of the Platform Rules by the Model or any person given access to by the Model shall constitute a material breach of this Agreement.
3.1. The Model retains full ownership over the Uploaded content. The Platform Operator does not claim ownership of any content and acts solely as a hosting service.
3.2. The Model grants the Platform Operator a non-exclusive, revocable and limited license to host, distribute and display content solely for the purpose of fulfilling its services, subject to this Agreement and the Platform Rules.
The Model undertakes and guarantees the following (in addition to all obligations under the Platform Rules):
a. any person appearing in the content being under the required age of majority;
b. any lack of consent or non-consensual content;
c. any illegal, prohibited or non-compliant Uploaded Content;
d. any breach of the Platform Rules or applicable law by the Model or any other person to whom the Model has granted access to the Platform; or
e. any tax or regulatory claim related to the Model's earnings. This indemnity applies regardless of whether the breach was committed directly by the Model or by any third party under its responsibility or control.
The Platform Operator shall:
5.1 The Model represents and warrants that:
5.2 The Platform Operator makes no warranties beyond the provision of the platform itself and expressly disclaims any liability for the content or the Models, in line with the Platform Rules.
6.1 Creator Earnings shall be available in the dashboard of the Creator Account. The Model may request a payout at any time, subject to the following conditions:
6.2 Payouts shall be made to the bank account linked by the Model in the dashboard after deduction of the Platform Operator's fee (as defined in General Terms of Service) and all other applicable fees, payment processing costs, taxes, withholdings, chargebacks, refunds, or any other deductions required by law, the payment processor or the Platform Rules.
6.3 The Platform Operator may withhold or set off any amounts in case of suspected breach, chargebacks, refunds or regulatory requirements.
6.4 The Model is solely responsible for paying the applicable taxes / other obligations according to the applicable law.
7.1 This Agreement enters into force on the date of signature and is concluded for an indefinite period. Either Party may terminate it with 60 days' written notice.
7.2 The Platform Operator may terminate immediately if the Model materially breaches the Platform Rules or this Agreement, or if continued cooperation would expose the Platform Operator to legal risk.
7.3 Upon termination, the Platform Operator may (but is not obliged to) allow existing subscriptions to run until their natural end; the Model remains responsible for all content until full removal.
8.1 The Online Portal and all services are provided on an "as is" and "as available" basis. The Platform Operator expressly disclaims all warranties and representations, whether express or implied, regarding availability, continuity, performance, reliability, or fitness for any particular purpose.
8.2 To the maximum extent permitted by applicable law, the total aggregate liability of the Platform Operator under or in connection with this Agreement, the Online Portal, or any services provided (whether in contract, tort including negligence, breach of statutory duty, or otherwise) shall in no event exceed the total fees actually received by the Platform Operator from the Model during the twelve (12) months immediately preceding the event giving rise to the claim. If no fees have been paid in that period, the liability shall in no event exceed EUR 1,000 (one thousand euros).
8.3 The Platform Operator shall in no event be liable for:
8.4 The Model must notify the Platform Operator in writing of any claim for damages immediately and in any event no later than thirty (30) days after the Model became aware or should reasonably have become aware of the facts giving rise to the claim. Failure to provide such timely notice shall result in the complete forfeiture of the right to claim any compensation or damages.
8.5 The limitations and exclusions in this Article 8 shall apply even in cases of gross negligence, but shall not apply in the event of the Platform Operator's wilful misconduct or intent.
The Parties shall keep the content, existence and all terms of this Agreement, as well as any information exchanged under it, strictly confidential. Neither Party may disclose any such information to any third party without the prior written consent of the other Party, except as strictly required by applicable law or by a competent authority. This obligation survives termination of the Agreement.
10.1 The Platform Operator is the Controller of personal data processed in connection with the operation of the Online Portal. The Parties acknowledge that they may also qualify as joint controllers (within the meaning of Article 26 GDPR) in respect of the processing of Uploaded Content on the Online Portal.
10.2 The Model undertakes to fulfil all obligations applicable to it as a Controller (or joint controller) under the GDPR and the Slovenian Personal Data Protection Act, including (without limitation) ensuring a valid legal basis for processing, obtaining all necessary consents, providing information to data subjects, and enabling the exercise of data subject rights.
10.3 The Model shall indemnify, defend and hold harmless the Platform Operator, its directors, employees and affiliates from and against any and all claims, fines, penalties, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:
i. any breach of data protection laws by the Model or any other person to whom the Model has granted access to the Platform;
ii. any failure by the Model to obtain necessary consents or fulfil its controller obligations towards the data subjects; or
iii. any regulatory action, investigation or claim related to the Model's processing activities. This indemnity obligation survives termination of the Agreement.
10.4 The Parties shall cooperate reasonably and in good faith in responding to any data subject request, personal data breach notification, or regulatory inquiry that concerns both Parties. If requested by the Platform Operator, the Parties shall conclude a separate joint controllership or data-sharing agreement to further detail their respective responsibilities.
12.1. The Platform Operator complies with Digital Services Act (Regulation (EU) 2022/2065) and follows a Notice and Takedown procedure laid out in Notice and Takedown Policy.
12.2. Notice and Takedown Policy is also applicable in order to file complaints.
11.1 This Agreement is governed by the laws of the Republic of Slovenia.
11.2 Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the competent court in Ljubljana.
12.1 This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings.
12.2 Any amendment must be in writing.
12.3 If any provision is held invalid, the remainder remains in force.
12.4 The Agreement is executed in two originals, one for each Party.
Platform Operator:
Adiuvo d.o.o.,
Fužine 134, 1241 Kamnik
___________________
(PLACE AND DATE)
___________________
(SIGNATURE)
Model:
[the Model's full name],
[the Model's full address]
___________________
(PLACE AND DATE)
___________________
(SIGNATURE)