1 Definitions and Subject Matter of the Agreement
1.1 neolime GmbH, Kolonitzgasse 2/54, 1030 Vienna, FN 574724h (hereinafter "Provider"), operates the online content platform "MALOUM" at www.maloum.com and its associated subdomains and applications. Through MALOUM, the Provider makes certain content ("Content") as well as technical services and features available to registered users.
1.2 "Creators" are those users who, after registering, have converted their user account into a Creator account and offer content, services, or products via MALOUM as business operators within the meaning of Section 1 of the Austrian Commercial Code (UGB).
1.3 A "Fan" is a user who consumes content from Creators, follows Creators, or subscribes to or accesses content provided by Creators, either free of charge or for a fee.
1.4 "Online Content Platform" or "MALOUM" refers to the digital web service operated by the Provider through which Creators can publish Content and Fans can access this Content free of charge or for a fee.
1.5 "Services" refers to all functions, features, and services provided by the Provider via MALOUM, regardless of whether they are offered for a fee or free of charge.
1.6 "User" refers to both Creators and Fans.
2 Scope of Application
2.1 The following Terms and Conditions apply to all contractual relationships between the Provider and Fans regarding the use of the online content platform www.maloum.com. The currently valid version of the Terms and Conditions shall apply.
2.2 The contract language is German. Only the German and current version of these Terms and Conditions and these Terms of Use shall be authoritative; translations are provided for informational purposes only.
3 Changes to These Terms and Conditions
3.1 The Provider reserves the right to unilaterally modify these Terms and Conditions, provided that:
3.1.1 the modification is beneficial to the Fan,
3.1.2 changes in the legal framework — in particular due to legislative amendments, administrative decisions, or court rulings — require such a modification.
3.2 If the Provider makes changes that are disadvantageous to the Fan, the Provider will notify the Fan of such changes via email four weeks prior to the intended change, using the email address most recently provided by the Fan. If the Fan objects to the change, the contractual relationship shall terminate upon the effective date of the amended Terms and Conditions with the same effect as a termination with notice.
3.3 The Provider will publish any changes to these Terms and Conditions on MALOUM without delay.
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 create only one account at a time.
4.2 The user account and the resulting legal relationships with the Provider are non-transferable. The Fan is prohibited from disclosing their login credentials for the Provider's services to third parties.
4.3 Only users who engage in independent economic activity — and are thus entrepreneurs as defined in Section 1 of the Austrian Commercial Code (UGB) — are authorized to use the user account as a Creator. The functions of the online content platform intended for use by Creators are therefore, without exception, directed at entrepreneurs and not at consumers as defined in Section 1 para 1 no. 2 of the Austrian Consumer Protection Act (KSchG).
4.4 To use the services, prior registration by creating a user account is required. During the registration process, the Fan must provide the information requested by the Provider completely and accurately.
4.5 By registering, the Fan expressly agrees that the Provider may send contract- and service-related communications to the email address provided by the Fan, in particular order confirmations for paid content as well as information and updates regarding the user account. The sending of promotional and marketing emails is based exclusively on the Fan's separate consent. The Fan may change their email preferences at any time via the account settings and may opt out of receiving promotional emails by using the unsubscribe link contained in the respective emails.
4.6 There is no entitlement to be granted access to the services. Granting access is at the Provider's sole discretion. A denial does not require justification.
4.7 Upon completion of the registration process, the Fan submits a binding offer to enter into a framework agreement for the use of MALOUM and its services. The Provider will notify the Fan of the acceptance of their offer by sending a registration confirmation ("Contract Confirmation") via email. Due to any necessary verifications on the part of the Provider, the contract confirmation may, under certain circumstances, be sent several days after the offer is submitted.
5 Access to Paid Content; Subscriptions
5.1 Within the framework of the framework agreement with the Provider specified in Section 4.7, the Fan may enter into individual contracts with the Provider to access a Creator's paid content on a one-time basis or through a subscription model. The Fan's contractual partner is the Provider to whom the Creator has licensed this content for use.
5.2 The one-time access to paid content takes place on the Creator's channel, where the Fan first accepts the price of the one-time content (listed next to the button) and the content itself by clicking an order or purchase button, and then initiates the payment process by entering their payment information.
5.3 The paid access to content via a subscription also takes place on the Creator's channel, where the Fan first clicks the order or purchase button — which displays the subscription price — to accept the subscription content and the subscription term, and then initiates the payment process by entering their payment information.
5.4 If a Fan opts for a subscription model, billing occurs at the beginning of the selected subscription period. The duration of a subscription is typically one month (30 days), but the Creator may specify a different duration. The prices listed on the Creator's channel refer to the corresponding subscription period.
5.5 The subscription automatically renews for the same period upon expiration of the originally selected subscription period, unless the Fan cancels it in a timely manner. Cancellation is possible at any time — in particular by clicking the provided cancellation button after entering the required information — no later than the end of the current subscription period; it takes effect upon expiration of that period. The Fan is clearly and explicitly informed of the terms regarding the subscription period, renewal, and cancellation before submitting their contractual declaration. If no cancellation is made, the next subscription period will be billed at the start of that period.
5.6 The right to terminate the contract for cause remains unaffected.
5.7 All prices displayed on MALOUM for Fans include value-added tax (gross prices) and a service fee for the Provider's services.
5.8 If the Provider terminates the contractual relationship with a Fan extraordinarily with immediate effect for good cause, the subscription fee paid for the remaining term will not be refunded if the Fan's subscription is still active.
5.9 If a Fan follows a Creator's account, or upon subscribing or accessing content on a one-time basis, the Fan may receive an automated welcome message from the Creator's account. Such messages are not sent in every case and are solely the 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, ongoing maintenance, 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 based on the net price of the respective service after deducting any discounts.
7 Age Verification
7.1 To access pornographic or other content harmful to minors, the Provider must verify the Fan's age. To do so, the Provider will verify the Fan's age by requesting their date of birth to ensure they are of legal age. The Fan is required to provide their date of birth truthfully.
7.2 Inaccurate information or attempts to circumvent these requirements entitle the Provider to terminate the contract for cause and to suspend and delete the user account.
8 Rights and Obligations of the Fan; Third-Party Rights; Restrictions on Use
8.1 Upon registration, the Fan must provide truthful, complete, and up-to-date information regarding their identity as well as contact details, and must immediately update this information in their user profile in the event of any changes. If there is suspicion of identity theft or the unauthorized impersonation of another person in violation of the obligation set forth in Section 9, the Provider reserves the right to request proof of identity from the Fan; failure to provide such proof may result in termination for cause and the subsequent suspension or deletion of the user account.
8.2 If a Fan decides to transfer rights — in particular, exploitation rights — to their content to the Provider free of charge, they must register as a Creator for this purpose. In this case, the "Terms of Use for Creators" apply in addition to these Terms and Conditions.
9 Prohibited Conduct and Content
9.1 The use of the services — in particular the messenger function and the content published on MALOUM — to directly or indirectly refer to, promote, or redirect users to third-party content, offers, platforms, or services of a commercial or non-commercial nature outside the platform is prohibited. This applies in particular to the sharing of links, usernames, contact information, or other references intended to direct users to external communication channels, websites, platforms, or payment processing systems outside of MALOUM. A violation of this provision, as well as any activities that are not consistent with the Terms of Use, constitutes good cause and entitles the Provider to immediately suspend the affected account and to terminate the contractual relationship for cause.
9.2 The publication, distribution, provision, or communication of illegal, immoral, discriminatory, or otherwise objectionable content, as well as corresponding behavior in the context of using the services — particularly in chat — is strictly prohibited. This applies regardless of whether the content consists of written, audio, or audiovisual expressions, or animated, drawn, computer-generated, or real-life depictions. The following content and behaviors, in particular — but not exclusively — are prohibited:
9.2.1 Content or statements shared in the chat that are inflammatory, discriminatory, racist, xenophobic, subversive, or glorify violence
9.2.2 Child pornography shared in the chat
9.2.3 Statements or other content shared via the messenger function that depict, encourage, or condone non-consensual sexual acts, violence, brutality, atrocities, incest, extreme BDSM, or human trafficking
9.2.4 Promotion of cults, groups that glorify violence, or other questionable organizations, or those under increased government scrutiny
9.2.5 Any form of automated access to the online content platform via external programs
9.2.6 Promotion of competing platforms
9.2.7 Poaching Fans or Creators from competing platforms
9.2.8 Recruiting Creators for the purpose of agency, management, or service provision
9.3 If the Fan violates the provisions of Section 9.2, the Provider reserves the right to:
9.3.1 issue a warning to the Fan
9.3.2 delete the Fan's relevant content and statements,
9.3.3 terminate the Fan's framework agreement for cause and temporarily suspend or permanently delete the Fan's account,
9.3.4 in cases of serious misconduct, to report the facts of the matter to law enforcement authorities.
9.3.5 Furthermore, 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, including all its functions, available and up to date with the latest technology, and in particular free of viruses and malware. Nevertheless, due to force majeure, the fault of third parties, or other events beyond the Provider's control, the Online Content Platform may experience downtime and/or maintenance work that impairs its use.
10.2 The Provider makes no guarantee of uninterrupted availability of the platform and shall not be liable for temporary restrictions, outages, or disruptions, unless these result from intentional or grossly negligent conduct on the part of the Provider. To the extent permitted by law, the Provider's liability for any claims for damages by the Fan during maintenance work is excluded.
11 Responsibility for Creator Accounts
11.1 The Fan acknowledges that the content accessible via the Creator Accounts falls under the Creators' responsibility.
11.2 The Fan acknowledges and agrees that Creators may also engage third parties to assist with the management of their Creator accounts, as well as with communication and interaction with Fans. Interactions, messages, or other activities within the Creator account therefore do not have to be carried out exclusively by the respective Creator personally.
11.3 The Fan acknowledges and agrees that Creators may create or edit content using artificial intelligence (AI). The Fan acknowledges that third parties or AI may be used in the respective current chat. The respective Creator is solely responsible for compliance with legal requirements, in particular any labeling and transparency obligations. The Provider assumes no liability for the use of AI by Creators or for the content published as a result.
11.4 The Fan acknowledges that all rights to content published via a Creator account belong exclusively to the respective Creator or the respective rights holders. By purchasing or unlocking content, the Fan receives only a limited, non-exclusive, non-transferable, and revocable right to personally access and consume the respective content within the platform. Creators are entitled at any time to modify, restrict, suspend, or have content and offered services removed, in whole or in part, at their sole discretion. This also applies to content that has already been unlocked for a fee or was previously accessible. The decision regarding the publication, availability, and removal of content rests solely with the respective Creator. In the event of the restriction, removal, or deletion of content, the Fan has no claims against the Provider regarding permanent availability, re-provision, replacement, restoration, or refund, unless otherwise required by law. The Provider assumes no liability for the availability, modification, removal, or discontinuation of content or services by the Creator.
12 Limitation of Liability
12.1 No liability is assumed for damages incurred by the Fan due to restrictions on the availability of the online content platform, except in cases of gross negligence or willful misconduct on the part of the Provider.
12.2 The foregoing limitation of liability does not apply to personal injury or to liability under the Product Liability Act (PHG).
12.3 The Provider is solely responsible for the technical operation and provision of the online content platform, as well as for the processing of the services offered via MALOUM. The creation, content design, and publication of the content, as well as communication and interaction with Fans, are the sole responsibility of the respective Creator. The Fan acknowledges that Creators are independent contractors and may also engage third parties or agents to provide their services and manage their accounts. The Provider is not obligated to provide any specific content or to ensure any specific nature, quality, or frequency of interaction between the Creator and the Fan. In particular, there is no entitlement to personal or direct communication from the Creator themselves.
12.4 In particular, the Provider assumes no liability whatsoever for false statements made by the Creator, misrepresentations regarding identity, or similar matters. The Provider therefore assumes no liability for any damages that may arise from interactions between the Fan and the Creator.
13 Termination of the Framework Agreement
13.1 The Provider and the Fan may terminate the framework agreement regarding the use of the services, which was entered into for an indefinite period, by giving notice in accordance with the applicable procedures.
13.1.1 The Fan may terminate the framework agreement at any time in writing or electronically without providing a reason. The termination takes effect upon receipt of the electronic notice by the Provider. The Provider reserves the right to delete the Fan's account following effective termination.
13.1.2 The Provider is entitled to terminate the Framework Agreement for objectively justified reasons by giving 14 days' notice. Objectively justified reasons include, in particular:
– significant changes in the legal or economic framework,
– the discontinuation or material change in the operation of the service.
13.1.3 The right of both parties to terminate the contract for cause remains unaffected.
13.2 Notwithstanding the right to ordinary termination, each party has the right to terminate the contract extraordinarily for good cause. A cause for termination by the Provider includes, in particular, a serious violation of the provisions of these Terms and Conditions or of statutory regulations. Such violations will result in the deletion of the Fan account. In the event of extraordinary termination by the Provider, the Fan loses their limited right to use the content already purchased. A refund is excluded in such cases.
13.3 If the Fan does not cancel their subscription online via MALOUM, they must send an email addressed to support@maloum.com, or a written notice to neolime GmbH, Kolonitzgasse 2/54, 1030 Vienna.
13.4 Termination by the Provider must always be sent via email to the email address most recently provided by the Fan in their user account.
14 Purchase of Physical Products in the Webshop
14.1 Through MALOUM, the Provider provides a technical infrastructure and a web shop through which Creators can showcase and offer physical products for sale. In this context, the Provider acts exclusively as a platform operator and technical service Provider. Sales contracts for the offered products are concluded exclusively between the respective Creator and the Fan.
14.2 Product price information is provided by the respective Creator and displayed to the Fan during the ordering process. Shipping costs are added separately to the respective product price. Further details can be found in the terms and conditions listed for each product.
14.3 To place an order, the Fan must click the designated order or purchase button and complete the checkout process. Before submitting the order, the Fan will be shown the total price, including any shipping costs, as well as the selected shipping address. Payment is then made using one of the payment methods available at checkout (e.g., credit card, PayPal, EPOCH, or comparable payment service Providers).
14.4 The products and product descriptions displayed in the online store do not constitute a binding offer to enter into a purchase agreement, but rather a non-binding invitation to the Fan to submit an offer. Upon completion of the ordering process, the Fan submits a binding offer to purchase the selected product to the respective Creator. The order is accepted or rejected exclusively by the Creator in their own name and at their sole discretion. The purchase contract is not concluded until the order is expressly accepted or the respective Creator issues a shipping confirmation.
14.5 Interest at a rate of 4% per annum shall accrue on the purchase price from the date of default until the debt is paid.
14.6 For questions, complaints, or claims regarding physical products, customer service representatives are available to Fans Monday through Friday between [08:00] and [17:00] via email at support@maloum.com.
15 Payments and Billing
15.1 When subscribing, the Fan must provide valid payment information in their account. Payment options include, for example, credit card, PayPal, EPOCH, etc.
15.2 If the Fan selects the "credit card" payment option and provides their credit card information, the Fan grants the Provider the right to charge fees immediately (for one-time purchases) or at the beginning of the applicable billing period (for subscriptions) from the Fan's account. Even when selecting one of the other payment options, the Fan grants the Provider the right to collect any applicable fees.
15.3 If a credit card charge fails, the Provider is entitled to pass on the resulting additional costs to the Fan. If the direct debit fails due to insufficient funds, is not executed because incorrect payment information was provided, or if the Fan disputes the direct debit without being entitled to do so, the Provider is entitled to pass on additional costs of up to EUR 50.00 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 occurred or that the damage was less than stated.
15.4 The Creator is entitled to freely set the price/fee for all subscriptions to their content as well as the price of individually purchasable content within a price range established by the Provider for all Creators. The net revenue generated by the prices set in this manner (excluding VAT and the service fee pursuant to Section 15.5), to the extent it relates to the content of a specific Creator ("Creator Revenue"), serves as the basis for calculating that Creator's commission entitlement.
15.5 The price paid by the Fan is composed as follows:
15.5.1 Creator Revenue
15.5.2 Commission for the Provider
15.5.3 Flat-rate service fee
15.5.4 Statutory taxes and fees
15.6 For each paid purchase, the Provider charges Fans a service fee equal to 15% of the price set by the Creator, in addition to that price. The service fee is shown separately to the Fan during the ordering process and is payable in full to the Provider for website maintenance. The Creator is not entitled to any portion of this service fee.
15.7 By default the Creator's commission entitlement amounts to 80% of the monthly Creator revenue generated. This corresponds to a payout of 69.5% of the net price actually paid by the Fan (including the service fee). The remaining 20% of the Creator revenue is retained exclusively by the Provider as compensation for operating the platform and its services and is not paid out to the Creator (commission). The Provider and the Creator may enter into a separate special agreement under which the Creator's commission ranges from 60% to 100% of the Creator's revenue. Such a special agreement requires the express written consent of both parties and applies exclusively between the provider and the respective creator.
16 Reporting and Preventing Infringements
16.1 The Provider considers the protection of third-party rights — and thus the prevention of infringing practices and content by Fans — to be important.
16.2 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 us immediately at support@maloum.com. The Provider will investigate all reports without delay and, in the event of a report that is clearly justified, will remove the disputed content within 24 hours; otherwise, the Provider will remove it within seven days after conducting the necessary further investigations to determine whether prohibited content is actually present.
17 Applicable Law and Jurisdiction
17.1 For all legal disputes between the Provider and Fans who are consumers within the meaning of the Consumer Protection Act (KSchG) and who have their domicile or habitual residence in a member state of the European Union or the EEA, the statutory places of jurisdiction apply. The consumer may assert claims against the Provider either before the courts of the country in which the Provider is headquartered or before the courts of the country in which the consumer is domiciled. The Provider may sue consumers exclusively in the court of the consumer's domicile.
17.2 Austrian law applies, excluding the conflict-of-laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods. However, with respect to consumers, this choice of law applies only to the extent that it does not restrict any mandatory statutory provisions of the country in which the consumer has their habitual residence.
17.3 For Fans who are not consumers within the meaning of the Austrian Consumer Protection Act (KSchG) or to whom the mandatory consumer protection provisions of the European Union or the EEA do not apply, Austrian law applies exclusively, excluding the conflict-of-laws rules of private international law as well as the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the competent court in Vienna, Innere Stadt.
18 Cancellation Policy and Early Performance of the Contract
18.1 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 the contract is concluded. To exercise your right of withdrawal, you must notify us,
neolime GmbH
Kolonitzgasse 2/54
1030 Vienna
Email: support@maloum.com
by means of a clear statement (e.g., a letter sent by mail, email) informing us of your withdrawal from this contract. You may use the attached model withdrawal form for this purpose, though its use is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.
18.2 Consequences of Withdrawal
If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than 14 days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. If you have requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of your exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
18.3 Exclusion of the Right of Withdrawal
The right of withdrawal does not apply if, before the expiration of the withdrawal period, you expressly request performance of the contract as defined in Section 18.4 below of these Terms and Conditions, or if you order goods that are manufactured according to customer specifications or are clearly tailored to your personal needs.
18.4 Express Request for Contract Performance Before the Expiration of the Withdrawal Period — When concluding a subscription or a paid one-time service, you must expressly agree by checking a checkbox that we may begin performing our services even before the end of the withdrawal period (Section 18 para 1 no. 11 of the Distance and Off-Premises Sales Act). Furthermore, by clicking the aforementioned checkbox, you must confirm your awareness that you will lose your right of withdrawal due to the early commencement of contract performance. Without this consent and without your confirmation, we may not provide services from our paid one-time offers and subscriptions until after the fourteen-day withdrawal period has expired.
As of July 9, 2026
APPENDIX A:/
Shipping Cost Table and Delivery Terms for Physical Products in the Webshop
– The Creator specifies the delivery range. If the Creator so specifies, worldwide delivery is possible.
– Shipping costs are set by the respective Creator.
– Orders are delivered exclusively via the specified shipping method.
– In the event of a reshipment due to an incorrect address provided by the buyer, the Provider reserves the right to charge the flat-rate shipping fee retroactively.