Terms and Conditions for Using the fr3n Platform

1. Scope and General

(1) These General Terms and Conditions (“GTC”) govern the use of the platform “www.fr3n.tech” (“Platform”). The operator of the platform is:

fr3n UG (limited liability) Schaumburgstraße 3 48145 Münster Germany Email: support@fr3n.tech (hereinafter referred to as “fr3n”). Managing Director: Colin Borremans Register: Commercial Register Registration Number: HRB 22001 Register Court: Local Court Münster The GTC apply regardless of whether the user of the platform (“User”) is a consumer or an entrepreneur.

(2) fr3n provides creators, artists, and other customers with a personalized Direct-to-Fan platform in the form of a so-called “White-Label” SaaS solution (“Software”). Through this software, creators can offer digital products, access rights, memberships, and personalized interactions with their communities. This includes, among other things, the ability to create fan memberships, provide exclusive content, and grant digital access to special events and products.

2. Registration and Use of the Platform

(1) Use of the platform requires registration as a user. Registration occurs by creating a user account on the platform (“User Account”), in which the required information is entered and the GTC are confirmed. Before completing the registration, the user must verify and, if necessary, correct the information provided. Upon successful registration, which is confirmed by fr3n, a contract between fr3n and the user is concluded regarding the use of the platform (“Usage Contract”). There is no entitlement to conclude a usage contract.

(2) Registration for minor users is only permitted with the consent of their legal representatives. fr3n is entitled to request corresponding proof at any time.

(3) The data requested during registration must be provided completely and correctly.

(4) Multiple registrations are not permitted.

(5) If the provided data changes after registration, the user is obliged to update the information in their user account immediately.

(6) A prerequisite for using the platform is that the user uses the platform at their own expense and does not act on behalf of other persons.

(7) Users must keep their password secret and securely protect access to their user account. Users are obliged to inform fr3n immediately if there are indications that their user account is being used by third parties.

(8) User accounts are not transferable.

3. Access to Exclusive Content and Community Areas

After successful registration, the user receives access to a personalized community platform and, depending on the type of membership, can access exclusive content and digital products. These exclusive contents can also be made available via special access tokens that can be purchased on the platform.

4. Fees for Using the Platform

Basic functions of the platform are available to users free of charge. However, fees may apply for certain premium services or exclusive contents, which are specified in the respective scope of services.

5. Contract Duration, Suspension, and Termination

(1) The usage contract is valid for an indefinite period.

(2) fr3n reserves the right to take appropriate measures if there are concrete indications that a user:

violates legal provisions, these GTC, or the rights of third parties, especially personality rights;
publishes offensive, racist, sexist, homophobic, transphobic, or otherwise discriminatory content; or
uses the platform for fraudulent activities.

Depending on the severity of the violation, fr3n may take measures ranging from warnings to restricting use, up to temporary or permanent suspension of the user account.

(3) A user can be permanently excluded from using the platform if:

they provided false information during registration;
they transfer their user account to third parties or grant third parties access to it;
they harm, insult, or defame other users, fr3n, or third parties on the platform; or
there is a repeated violation of the GTC.

(4) A suspended user account cannot be restored, and the affected user may not register again.

(5) Users can terminate the usage contract at any time without giving reasons. The right to extraordinary termination for good cause remains unaffected.

(6) fr3n can terminate the usage contract with a notice period of 30 days to the end of the month. The right to extraordinary termination remains unaffected.

6. Technical Availability of the Platform

(1) fr3n makes the platform available to users on average 95% of the year. Planned maintenance or urgent security updates may occasionally lead to downtime, which is not taken into account in the calculation of availability.

(2) fr3n is entitled to perform maintenance to ensure the quality and security of the platform. Maintenance is carried out at times of low platform usage if possible and is announced to users in advance.

(3) In exceptional cases, such as urgent security issues or unexpected technical difficulties, there may be unplanned maintenance. In such cases, fr3n will inform the users as quickly as possible.

(4) Times when the platform is not available due to force majeure or other causes outside the influence of fr3n are not considered.

7. Liability

(1) fr3n is liable to the user for damages and futile expenses caused by intent and gross negligence within the scope of the statutory provisions.

(2) In other cases, fr3n is only liable for breach of essential contractual obligations (“Cardinal Obligations”) and limits itself to the compensation of foreseeable, typical damage. Liability for slight negligence is excluded, unless it concerns the violation of life, body, or health.

(3) Liability under the Product Liability Act remains unaffected.

8. Indemnification

The user indemnifies fr3n from all claims of third parties that arise from abusive or unlawful use of the platform or the user account by the user, provided that the user is responsible for the abusive or unlawful use. The user assumes the costs of fr3n’s necessary legal defense, including court costs and attorney fees, in statutory amounts.

9. Final Provisions

(1) The current version of these GTC can be downloaded and stored by the user on the platform.

(2) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. For consumers, it also applies that they may rely on more favorable provisions of their home country’s law.

(3) The language of the contract is German.

(4) If individual provisions of these GTC are invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision is deemed to be replaced by a valid and enforceable provision that comes as close as possible to the economic purpose of the invalid provision.

(5) Online dispute resolution for private persons: The European Commission provides a platform for online dispute resolution (OS), which can be used at [Link to OS Platform]. However, fr3n is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.