Terms of Use

1. Introduction

Freshkiwi Sàrl, a Swiss company (hereinafter: the ‘company’, ‘we’, ‘us’ or ‘our’) welcomes you to findmistress.com (hereinafter: the ‘website’ or the ‘platform’).

It is important to us that you and other visitors to the website have the best possible experience when using our website. Please read the Terms of Use carefully before using our website.

By using the website, you agree to be bound by these Terms of Use regarding your legal rights and obligations.

1.1 The website contains explicit visual and textual depictions of nudity and sexual activities (heterosexual, bisexual and transgender) relating to adult BDSM/fetish practices; you are not offended by this content.

1.2 It is not illegal to view adult nudity or adult sexual material in the community or local area where you reside. You understand the standards and laws regarding access to and use of this website, and the responsibility that rests with you. If you use these services in breach of this agreement, you understand that you may be in breach of local and federal laws.

1.3 You release Freshkiwi Sàrl and its owner from any liability that may arise from your misuse of this website.

2. About the website

2.1 The purpose of the findmistress.com website is to enable adults defined as those aged 18 or over, or 21 or over in certain states to post advertisements online. Use of the website is prohibited for minors in their state of residence.

This is a directory of Dominatrixes and Dungeons, not an agency. It is not a provider of sexual services.

The website was created to facilitate contact between users.

2.2 All persons visiting the findmistress.com website are considered users, whether they are registered users or visitors.

2.3 Use of the findmistress.com website implies acceptance of these Terms of Use (which may be amended at any time without notice).

The user understands that any use of the website that does not comply with these Terms of Use may result in the user being suspended or even having their user profile deleted, without prior notice.

2.4 The following terms are defined as follows:

‘Dominatrixes’: female users registered in the Dominatrixes category.
‘Dungeons': workspaces dedicated to Dominatrixes registered in the Dungeons category.
‘Submissives’: users registered in the Members category.
‘Visitors’: users who can view the site without registering.

2.5 Definitions:

‘Domination’: The act of dominating, or of exercising authority or influence.
‘BDSM/Fetish’: Bondage-Discipline, Domination-Submission, Sadism-Masochism refers to

a form of consensual interaction involving pain, restraint, humiliation or the enactment of various fantasies for erotic purposes.

‘Role-play’: scenarios in which the dominatrix has control and power over the submissive.

All terms used in these Terms of Use and on the findmistress.com website relate to the BDSM/fetish scene and role-play between consenting adults.

3. Service Provider

Website Company: Freshkiwi Sàrl Email: support@findmistress.com Website: https://findmistress.com and its subdomains.

Online payment Company: CardBilling Address: Danzigerkade 23D, 1013 AP Amsterdam, Netherlands Web hosting Company: Infomaniak Network SA Address: Rue Eugène Marziano 25, 1227 Les Acacias, Switzerland

4. Registration

4.1 Registration and creating a profile are free. Certain categories of users may have access to the subscriptions specified below, which offer greater visibility.

4.2 Account categories:

When registering, users creating an account must choose a user category from those listed below:

a. Dominatrixes Only women of legal age and transgender people of legal age are permitted to create an account in the Dominatrixes category. Profiles that appear to be male will be deleted.

b. Dungeons When registering in the Dungeons category, only managers of BDSM/fetish venues dedicated exclusively to the practice of Domination may create an account.

c. Members (submissives) Any adult of legal age in their country of residence may create an account.

d. Visitors Visitors are permitted to view the listings and other content on the website without prior registration. Visitors may access the contact details of Dominatrixes and Dungeons only if the latter have given their prior authorisation in their profile settings.

4.3 Users are not permitted to have multiple profiles in the same category.

4.4 All users are required to provide their own personal details when signing up and creating a profile.

4.5 Profiles will only be published once users have completed their personal details and added at least one photo.

4.6 The findmistress.com website accepts no liability if a user provides false or misappropriated information.

5. Subscriptions

Premium Membership 5.1 The Premium Subscription is available for Dominatrix or Dungeon profiles.

Carousel Subscription 5.2 The Carousel Subscription applies to the category in which it was purchased, either the Dominatrixes category or the Dungeons category.

5.3 Subscription types and durations:

a. Dominatrixes Each Dominatrix can subscribe to the following subscriptions:

Premium for durations of 1 month and 3 months.
Carousel (limited to 12 slots) for 3-day, 7-day or 14-day periods.

b. Dungeons Dungeon managers can sign up for one of two subscriptions:

Premium subscription for durations of 1 month and 3 months.
Carousel (limited to 12 slots) for 3-day, 7-day or 14-day periods.

5.3.1 The prices for the subscriptions described above can be viewed on your personal dashboard.

5.3.2 Subscription renewal (Premium or Carousel) is automatic, and payment is recurring until cancelled by the Dominatrix or the Dungeon.

5.3.3 Prices are subject to change, either upwards or downwards, depending on the costs of the infrastructure used.

5.4 To purchase a subscription, the Dominatrix or the Dungeon must first create a free account by completing all the required details.

5.5 The Dominatrix or Dungeon is permitted to hold both a Premium subscription and a Carousel subscription at the same time.

5.6 Purchased subscriptions are non-refundable.

5.7 Payment for subscriptions is made securely via the payment partner CardBilling.

6. Dashboard

The dashboard is available to every user once they have registered and brings together the main features of the findmistress.com website.

6.1 The BDSM/fetish practices offered by each Dominatrix are selected by the Dominatrix herself.

6.1.1 We would like to make it clear that all practices offered by the Dominatrixes are carried out between consenting adults and within the context of a BDSM/fetish relationship. Freshkiwi Sàrl cannot be held liable for practices carried out incorrectly and accepts no liability for any bodily injury that may be inflicted on users.

6.1.2 For Dominatrixes (who are registered and logged in), the list of BDSM/fetish practices is available in the dashboard. The Dominatrix can then select the practices she wishes to offer. If a practice is missing, please let us know via the contact form.

6.2 Travel Tours listings are created by the Dominatrixes themselves.

6.2.1 Travel Tours is an option available to Dominatrixes with a Premium subscription. This option allows you, when travelling abroad, to change the country in which the advert is displayed and to adjust the rates offered according to the selected country, if desired.

6.2.2 Travel Tours option is therefore not available for Dungeons.

6.3 Verified Accounts are marked with a ‘v’ badge to indicate to visitors that the profile has been manually validated by the findmistress.com team.

6.3.1 To obtain a Verified Account, the user must first create an account, then provide:

a photo of the user holding their ID, the name of the findmistress.com website and today’s date.

Verification is carried out via the dashboard under the ‘Settings’ tab.

6.3.2 All users (Dominatrix, Dungeon Manager, Member) on the website can submit a request to have their account verified. Having a Verified Account builds trust amongst all users of the website.

6.4 Affiliations (Dominatrixes/Dungeons) allow Dominatrixes to join a Dungeon for a predefined period. The Dominatrix’s profile is automatically removed from the Dungeon at the end of that period.

6.4.1 Affiliation requests can be made by either the Dominatrix or a Dungeon.

6.4.2 Requests must be accepted by the party receiving the request for the Dominatrix to ultimately appear in the Dungeon’s profile.

6.5 Slave Apps are applications within the website that enable the creation of customised forms for Dominatrixes to facilitate communication with Members, the aim being to provide a centralised platform. Two types of form can be set up: session requests and searches for a submissive for a video production.

6.5.1 Please note that the session request form does not in any way constitute a booking for a session with a Dominatrix.

6.5.2 We do not guarantee any response and/or the feasibility of a session with the Dominatrix following contact made by submitting a session request form or searching for a submissive for a video production. It is the Dominatrices themselves who decide whether or not to respond via the website’s instant messaging service.

6.5.3 Applications (forms) may be subject to moderation in the event of a breach of the Terms of Use.

7. Use of media

7.1 Photos and videos are uploaded to profiles by registered users. They are responsible for the authenticity of the photos and their copyright.

7.2 The user grants an irrevocable, non-exclusive and royalty-free licence for the distribution of uploaded media for the purpose of publishing the profile. They also agree that their media may be published on social media platforms linked to the findmistress.com website and Freshkiwi Sàrl.

7.3 We are not responsible for any discrepancies between the image displayed on the website and the users’ actual appearance.

7.4 Media containing text, a telephone number or an email address may not be uploaded under any circumstances and will be removed without prior warning.

7.5 Media that do not feature the user will also be removed without warning.

7.6 Users can report suspicious media or fraudulent users by using the « Report » button provided for this purpose in the media gallery.

7.7 We will investigate all reported cases and, if necessary, ask the user to prove the authenticity of their profile. If they fail to do so, the profile may be deleted without prior notice. If a subscription has been purchased, it will not be refunded.

7.8 Content must not be illegal, must not infringe the rights of any third party, and must not give rise to legal proceedings against the website.

7.9 We reserve the right to modify, edit or remove media uploaded by users, whether stored on our servers or elsewhere, if it is offensive to others, if its quality and style do not comply with the website’s ethics and standards, or if the person who uploaded the media has breached these Terms of Use.

7.10 Photos and videos of poor quality or containing any of the following are not permitted (and will be removed immediately):

website or email address;
telephone number;
advertising for any product or other services;
any content that may incite violence or hatred;
child pornography;
prostitution and/or sex trafficking;
drugs and other illegal substances.

8. Intellectual property and copyright

The information published on the findmistress.com website is made available to users. Downloading or copying text, illustrations, photographs or other data does not entail any transfer of rights to the content.

Copyright and all other rights relating to the texts, illustrations, photographs and other data posted on the findmistress.com website are the exclusive property of Freshkiwi Sàrl or of the holders expressly named. Any reproduction is prohibited unless prior written authorisation has been obtained from the rights holder.

9. Users

9.1 By providing their personal data, users consent to the processing of their data. However, as the website is public, we would like to point out that other people may misuse their data.

9.2 Any content uploaded to the website by registered users (photos, videos and other content) is subject to these Terms of Use.

9.3 The user assumes responsibility for the information they publish and guarantees that the content complies with these Terms of Use. Should this not be the case, Freshkiwi Sàrl reserves the right to amend, edit or remove any information that is untrue.

9.4 We cannot verify the truthfulness and accuracy of all information published on the website and, notwithstanding the prohibitions set out in these Terms of Use, the user accepts that information concerning any other member may be inaccurate or misleading.

9.5 Under no circumstances may any user or visitor:

misuse, in any way whatsoever, the information published via the findmistress.com website;
attempt to gain unauthorised access to any information published on the website;
publish and/or copy information from profiles in a manner that infringes the intellectual property rights of the media owners;
send newsletters, spam or unsolicited emails to other users;
transfer, publish, assign or share users’ rights with a third party;
publish, transmit or send emails to other users containing information, images or any other material of a racist, offensive, defamatory, harassing, scandalous, threatening or insulting nature;
publish, transmit or send emails, media or other content likely to offend the political and/or religious views of other users;
upload to the website any file containing viruses or subject to copyright;
use any software or programme that could interfere with the proper operation of the website.

9.6 We respect users right to remain anonymous and will endeavour not to knowingly disclose users identities unless required to do so by a court order.

10. Donations

Donations made via this website are voluntary and are made without any obligation or expectation of service, benefit or consideration.

By making a donation, the donor acknowledges and agrees that:

The donation constitutes a gift within the meaning of Articles 239 et seq. of the Swiss Code of Obligations (CO).
The donation is made freely and without consideration (no goods or services are provided in exchange).
Once made, the donation is final and non-refundable, except in cases provided for by the mandatory provisions of Swiss law.

In accordance with Swiss law, a validly made donation is, in principle, irrevocable, subject to the exceptions provided for by law (in particular in the event of a defect in consent, fraud, or in the cases provided for in Articles 249 to 251 CO).

No contractual relationship for the provision of services arises from the act of donation. The beneficiary reserves the right to refuse or return any donation at its sole discretion. By making a donation, the donor confirms that they have read, understood and fully accepted these terms and conditions.

11. Guarantee Terms

11.1 The user is entitled to a refund if they can prove that the purchase was made unlawfully.

11.2 The money-back guarantee does not apply to recurring payments already made, unless it can be proven that the user did not receive the renewal notification email.

11.3 Upon payment for their subscription, the user acknowledges that they forfeit their right of withdrawal, given that the subscription is activated immediately.

11.4 The service provided by the website offers no guarantee regarding the user’s requirements, expectations or objectives as to its effectiveness in ensuring connections between users, whether or not they have a subscription. Under no circumstances shall Freshkiwi Sàrl be held liable.

11.5 Freshkiwi Sàrl offers no guarantee regarding the accessibility and proper functioning of the website in the event of problems arising from any failure on the part of service providers (telephone network, internet, data centre, hardware, software, email server, etc.).

11.6 If the findmistress.com website is temporarily unavailable, we will endeavour to resolve the issue as quickly as possible with the relevant parties. Freshkiwi Sàrl accepts no liability for accessibility issues caused by a failure on the part of the IT service provider.

12. Cancellation of subscription

12.1 Users have the right to cancel their recurring subscription at any time by logging into their account and following this link (CardBilling subscription cancellation). In this case, no future payments will be debited. Requests made by email will not be accepted.

If cancellation takes place before the end of the paid period, no refund will be issued, and future payments will be stopped.

12.2 We may terminate your access to the findmistress.com website and its content if the Terms of Use are not complied with.

13. External links

Our website may contain links that do not direct visitors to pages managed by findmistress.com. Please read the Terms of Use and the Privacy Policy/GDPR notice of these websites carefully.

Freshkiwi Sàrl accepts no responsibility for references to or links to other websites. Access to and use of these websites is at the user’s own risk. The company expressly declares that it has no influence over the form, content or offers of the websites to which it refers. The information and services offered by these websites are entirely the responsibility of their authors. We accept no liability for such websites.

14. Disclaimer

14.1 The service provider accepts no liability whatsoever regarding the authenticity, content, completeness, legality, reliability, proper functioning or availability of the information or data provided as part of the service.

14.2 Freshkiwi Sàrl cannot be held liable for the behaviour of users.

15. Data Processing

Information relating to data protection and processing on the website and its subdomains complies with the requirements of the regulations on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In this regard, reference should be made to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR), as well as the recommendations of the « Online Privacy Alliance ». The user further accepts and complies with the Privacy Policy.

16. Legal actions by the user

16.1 If you have any objections or complaints, you may contact us in accordance with the procedures set out in these Terms of Use.

16.2 For any complaint regarding the use of the findmistress.com website, the user may write to Freshkiwi Sàrl, which will investigate the matter. We will communicate the findings of our investigation within 30 days of the complaint being lodged.

16.3 If the complaint concerns a user, it will be dealt with in accordance with the procedure set out in these Terms of Use.

16.4 Reports of abuse or requests for the deletion of personal data must be sent to us by post to our postal address or by email to legal@findmistress.com, accompanied by the following information: name, address, telephone number, type of notification, description and reason for the complaint, supporting documents, or any other information necessary for the investigation of the complaint.

16.5 If your complaint is rejected, even in part, or if the time limit set for investigating the complaint has elapsed without a resolution, you may refer your case to the following authorities and bodies:

The online dispute resolution platform available at this address: https://webgate.ec.europa.eu/odr/main (for users resident in the EU);
The platform: http://ec.europa.eu/odr;
The national consumer protection authority and the conciliation boards with jurisdiction in

your place of residence. The conciliation board will attempt to reconcile the parties and, should no agreement be reached, will issue a decision to ensure a simple, swift and effective resolution of the consumer’s rights.

17. Attempted fraud

Any attempt at fraud involving requests for remote digital payments such as Google Pay Card, iTunes Card, Amazon Card, etc., is strictly prohibited, and we reserve the right to block and/or delete any profiles exhibiting irregularities that could lead to users of the platform being scammed.

18. Intellectual property rights relating to the website

Freshkiwi Sàrl owns and operates the findmistress.com website. Its original content, features, functionalities and other elements found on the website, including all visual interfaces, graphics, information, software (including source code or any other code), text, displays, images, photographs, videos and audio, are the property of the company and are protected by Swiss and international laws on copyright, trade marks, trade secrets and other intellectual property rights.

19. Liability

Although we take great care to ensure the accuracy of the information published on this website, we make no warranty as to the accuracy, correctness, timeliness, reliability or completeness of such information.

Freshkiwi Sàrl expressly reserves the right to amend, in whole or in part, the content of the findmistress.com website, to remove it or to temporarily suspend its publication, at any time and without prior notice.

The company’s liability for compensation for any material or immaterial damage that may be caused by accessing the information published on this website, or by its use or non-use, misuse or technical problems, is excluded to the extent permitted by law.

20. Applicable law

Swiss law shall apply exclusively, and the ordinary courts of the Canton of Geneva shall have exclusive jurisdiction over any dispute, to the exclusion of any other law or forum.

21. Interpretation

If any provision of this document is incompatible with or invalid under applicable mandatory law, that provision shall be deemed null and void. All other provisions shall remain unaffected by such invalidity, and the remainder of the document shall be deemed valid.