1.1 Scope of these Terms
These Terms of Use (“Terms”) govern the legal relationship between you as a Fan (“User”) and the respective Creator operating a white-labeled version of the fr3n Platform, which is provided by fr3n GmbH (“fr3n”, “we”, “us”). By registering for, accessing or using the Platform, you acknowledge and agree to be bound by these Terms.
1.2 Applicability
These Terms apply to all use of the fr3n Platform by Fans, including but not limited to:
1.3 Priority of Agreements
If a Creator has agreed separately with a Fan to specific contractual terms that deviate from these Terms, such terms shall prevail only to the extent explicitly confirmed in writing by fr3n.
1.4 Consumer Information
If you are a consumer under EU or German consumer law, you may have mandatory rights which are not waived by these Terms. Nothing in these Terms shall limit your statutory consumer rights.
2.1 Registration Requirement
In order to access certain features of the Platform, including the purchase of digital products or subscriptions from Creators, you must create a personal user account. Registration is free of charge for Fans.
2.2 Accuracy of Information
You are required to provide truthful, complete, and up-to-date information during registration and to keep such information current. The use of pseudonyms or impersonation of third parties is not permitted.
2.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials (username and password). Any activity carried out under your account shall be deemed to have been performed by you, unless you can prove otherwise.
In case of suspected unauthorized use of your account, you must notify us immediately.
2.4 Prohibition of Transfer
Your account is personal and non-transferable. You are not entitled to allow third parties to use your account.
2.5 Suspension and Termination
We and/or the Creator reserve the right to suspend or terminate your account at any time if you violate these Terms, applicable law, or community standards. In such cases, you may lose access to your purchased digital products without entitlement to a refund, unless mandatory consumer law provides otherwise.
3.1 Permitted Use
The Platform may only be used for your own personal, non-commercial purposes. Any use beyond this, in particular for resale, sublicensing, or distribution of Creator Content, is prohibited unless expressly authorized in writing.
3.2 Lawful Use
You may not use the Platform for any unlawful purpose. In particular, you agree not to:
3.3 Community Conduct
Fans are expected to interact respectfully with Creators and other users. Abusive behavior, harassment, or hate speech will not be tolerated. We and the Creators reserve the right to remove such content and suspend or terminate user accounts.
3.4 Consequences of Violations
In case of a violation of these Terms, we and/or the Creator may, at our discretion:
3.5 Responsibility for Content
You are solely responsible for all information and content that you post, upload, or transmit via the Platform. We do not generally review user content before publication, but we reserve the right to remove or block such content if it violates these Terms or applicable law.
4.1 Orders and Conclusion of Contract
When you purchase digital products, memberships, or subscriptions offered by a Creator on the Platform, your order constitutes a binding offer. The contract is concluded when the Creator or fr3n accepts the order by providing access to the purchased product or by sending a confirmation email.
4.2 Subscriptions and Renewals
If you purchase a subscription, it will be billed in advance for the chosen term (e.g. monthly or annually). Unless otherwise stated, subscriptions automatically renew for the same period unless cancelled in accordance with Section 4.4.
4.3 Prices and Payment
All prices are shown inclusive of applicable VAT, unless otherwise indicated. Payment is due immediately upon order, unless otherwise agreed. We accept the payment methods displayed at the checkout. If a payment method fails, you remain responsible for payment and any additional costs incurred.
4.4 Cancellation of Subscriptions
You may cancel your subscription at any time with effect at the end of the current billing period. Cancellation must be made through your account settings or via the designated cancellation process.
4.5 Refunds
Given the digital nature of the products and the instant access provided, we generally do not offer refunds once access has been granted. This does not affect your statutory rights as a consumer, including your right of withdrawal under EU law where applicable.
4.6 Right of Withdrawal (Consumers only)
If you are a consumer domiciled in the EU, you have a statutory right of withdrawal within 14 days after purchase. However, this right may expire early if you expressly agree to immediate performance (e.g. instant streaming/download) and acknowledge that you thereby lose your withdrawal right once access has been provided.
4.7 Payment Default
If payment is not received, we and/or the Creator may suspend your access to the purchased product until full payment has been received.
5.1 Ownership of Content
All content made available on the Platform by Creators (including but not limited to videos, texts, images, courses, livestreams, and digital downloads) remains the sole intellectual property of the respective Creator or its licensors.
5.2 Limited User License
By purchasing access to digital products or subscriptions, you are granted a personal, limited, non-exclusive, non-transferable and revocable license to use the content for your private purposes only.
You are not permitted to:
5.3 Platform Rights
The fr3n Platform itself, including software, design, logos, and trademarks, is protected by intellectual property rights owned by fr3n GmbH. No rights are granted to you beyond the right to use the Platform in accordance with these Terms.
5.4 User Content
If you submit, post, or otherwise make content available on the Platform (e.g. comments, messages, contributions), you grant fr3n and the respective Creator a non-exclusive, worldwide, royalty-free license to use such content for the operation of the Platform, including storage, reproduction, and making it accessible to other users.
5.5 Infringement and Reporting
If you believe that content available on the Platform infringes your intellectual property rights, you may notify us via the contact details provided in Section 15. We will review and, if necessary, remove or disable access to the infringing content.
5.6 Reservation of Rights
All rights not expressly granted under these Terms remain reserved by the Creators or fr3n.
6.1 No Warranties
The Platform and the content provided by Creators are offered “as is” and “as available”. We and the Creators make no representations or warranties regarding:
6.2 No Professional Advice
Unless expressly stated otherwise, content provided by Creators does not constitute professional advice (including but not limited to financial, legal, medical, health or fitness advice). You remain solely responsible for your decisions and actions.
6.3 No Guarantees of Outcomes
Testimonials, success stories, or examples presented on the Platform are individual results and do not guarantee that you will achieve similar outcomes.
6.4 Liability for Free Services
For free services provided via the Platform, we are liable only for intentional misconduct and gross negligence.
6.5 Liability for Paid Services
For paid services, we and the Creators are liable for damages only in cases of intent and gross negligence, or in cases of injury to life, body or health. Liability for breach of essential contractual obligations (cardinal duties) is limited to the foreseeable damage typical for this type of contract.
6.6 Liability Cap
To the extent permitted by law, total liability of fr3n and/or the Creator is limited to the total amount you paid in the twelve (12) months preceding the event giving rise to the claim.
6.7 Mandatory Rights
Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is not permitted under applicable law (e.g. consumer protection laws).
7.1 Termination by the User
You may terminate your account at any time by using the account settings or by contacting us via the contact details provided in Section 15. Termination of your account does not entitle you to a refund of payments already made, unless mandatory consumer law provides otherwise.
7.2 Termination by fr3n or Creators
We and/or the respective Creator may terminate or suspend your account, or deny access to the Platform, with immediate effect if:
7.3 Consequences of Termination
Upon termination, you lose access to the Platform and to any purchased digital content, unless otherwise explicitly agreed. Your obligations under these Terms, including but not limited to Sections on Intellectual Property, Liability, and Indemnification, shall survive termination.
7.4 Suspension
We may temporarily suspend your account if we suspect fraudulent, abusive, or unlawful use. Access will be restored once the issue is resolved.
7.5 Statutory Termination Rights
Your statutory rights of termination for cause remain unaffected.
8.1 Compliance with Applicable Law
The collection and processing of personal data in connection with your use of the Platform shall be carried out in accordance with applicable data protection laws, in particular the EU General Data Protection Regulation (GDPR).
8.2 Privacy Policy
Details on the nature, scope, and purpose of the collection and use of your personal data are set out in our Privacy Policy, which is an integral part of these Terms. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.
8.3 Sharing of Data
Your data may be shared with the respective Creator to the extent necessary for the fulfillment of your order, the operation of your subscription, or the communication between you and the Creator. The Creator is separately responsible for compliance with applicable data protection obligations.
8.4 Security of Data
We apply reasonable technical and organizational measures to protect your personal data from unauthorized access, loss, or misuse. However, you acknowledge that no system is completely secure and we cannot guarantee absolute protection.
8.5 Data Processing Agreement
If required by law, we and the Creators will enter into a data processing agreement (DPA) to govern the handling of personal data in compliance with GDPR requirements.
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles. If you are a consumer and have your habitual residence in another EU member state, you may benefit from mandatory provisions of consumer law in your country of residence.
9.2 Jurisdiction
The place of jurisdiction for all disputes arising from or in connection with these Terms shall be Münster, Germany, provided that you are a merchant, a legal entity under public law, or a special fund under public law. Mandatory legal jurisdictions for consumers remain unaffected.
9.3 Informal Resolution
Before initiating legal proceedings, the parties shall seek to resolve disputes amicably. You may also use the European Commission’s Online Dispute Resolution (ODR) platform at: https://ec.europa.eu/consumers/odr.
9.4 Class Action Waiver (optional, subject to enforceability)
To the extent permitted by applicable law, you agree that you may bring claims against us only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
9.5 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.6 Entire Agreement
These Terms constitute the entire agreement between you, the respective Creator, and fr3n regarding your use of the Platform, and supersede all prior agreements or understandings relating thereto.
9.7 Amendments
We may amend these Terms from time to time. You will be notified of any material changes in an appropriate form. Continued use of the Platform after the effective date of such changes shall constitute your acceptance of the revised Terms.
9.8 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to an affiliate or successor entity.
9.9 Contact Information
If you have any questions about these Terms, please contact us at:
fr3n GmbH
Schaumburgstraße 3, 48145 Münster
Email: support@fr3n.fan