Creator Terms of Service

1: Introduction and Definitions

1. Introduction and Parties

These Terms of Service (the “Terms”) govern the contractual relationship between Fr3n GmbH, Schaumburgstraße 3, 48145 Münster, Germany (“Fr3n”, “we”, “us”, or “our”) and any individual or legal entity using the Fr3n platform (“Creator”, “you”, or “your”). By registering for and using the Fr3n services, including but not limited to the website fr3n.fan, any subdomains, mobile applications, software modules, and all related services (together, the “Services”), you acknowledge and agree to be legally bound by these Terms, our Privacy Policy, and the Data Processing Agreement (AVV). These Terms supersede any prior agreements between you and Fr3n regarding the Services and shall prevail in the event of any conflict.

2. Definitions

For the purposes of these Terms, the following definitions shall apply. All definitions shall apply equally to their singular and plural forms. Headings are provided for convenience only and shall not affect the interpretation of these Terms.

2.1 “Agreement” means collectively these Terms, the Privacy Policy, the AVV, and any applicable Creator Agreement or Order Form entered into between the Creator and Fr3n.

2.2 “Creator Agreement” means the individual contractual framework signed between a Creator and Fr3n, which specifies commercial details such as applicable fees, commissions, billing cycles, service scope, and any negotiated terms that supplement these Terms.

2.3 “Creator Content” means all digital or physical material, data, text, graphics, audio, video, code, designs, trademarks, works of authorship, documentation, NFTs, blockchain-based tokens, metadata, or other works uploaded, published, distributed, or otherwise made available by the Creator through the Services. Creator Content also includes any derivatives or modifications thereof, whether created by the Creator, Fans, or third parties, if such derivatives are distributed via the Services.

2.4 “Fans” means the end users, subscribers, customers, or members of the Creator’s community who purchase, access, or otherwise consume Creator Content by means of the Services. Fans are not contracting parties with Fr3n; their contractual relationship exists solely with the Creator.

2.5 “Fees” means all service charges, platform fees, transaction-based commissions, recurring monthly fees, reimbursable expenses, and any other charges payable by the Creator to Fr3n in accordance with these Terms and the applicable Creator Agreement.

2.6 “Confidential Information” means all non-public information, whether in oral, written, electronic, or any other form, disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) in connection with these Terms. Confidential Information includes, without limitation, business strategies, customer lists, technical data, source code, trade secrets, pricing models, financial information, employee and supplier data, and all other information that a reasonable person would recognize as confidential given its nature and the circumstances of disclosure. Confidential Information does not include information which (i) is or becomes publicly known through no breach of these Terms, (ii) is rightfully received from a third party without obligation of confidentiality, (iii) was independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information, or (iv) is required to be disclosed by law, court order, or regulatory authority.

2.7 “Data Protection Laws” means the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG), and all other applicable data protection and privacy laws in force from time to time.

2.8 “AVV” or “Data Processing Agreement” means the written agreement entered into between Fr3n (as processor) and the Creator (as controller) governing the processing of personal data of Fans, as required under Article 28 GDPR.

2.9 “Force Majeure” means any event or circumstance beyond the reasonable control of a party, whether foreseeable or not, which prevents or materially impedes the performance of contractual obligations. Force Majeure events include but are not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, governmental acts, embargoes, epidemics, pandemics, quarantine restrictions, strikes or other labor disputes, power or internet outages, cyberattacks, denial-of-service attacks, failures of telecommunications networks, or failures of third-party service providers upon which Fr3n reasonably relies.

2.10 “Services” means all services provided by Fr3n under these Terms, including but not limited to access to the Fr3n SaaS platform, hosting, storage, software modules, APIs, fan engagement and analytics tools, digital membership systems, NFT issuance and management through third-party integrations, consulting services, and customer support.

2.11 “Term” means the initial and renewal periods of the contractual relationship between the Creator and Fr3n, as further defined in the section on Term and Termination.

3: Scope of Services

3. Scope of Services

3.1 General Description of Services

Fr3n operates a proprietary software-as-a-service (“SaaS”) platform designed to enable Creators to design, configure, and manage direct-to-fan digital experiences. The Services encompass both core technical functionalities and optional advisory support. Unless expressly agreed otherwise in writing, the Services do not include the development of custom software solutions, legal or tax advice, or financial intermediation.

3.2 Platform Features

The Services include, without limitation:

provision of a secure, web-based environment for the creation and management of Creator Content;
modules for digital memberships, subscription tiers, and gated access to content;
issuance and management of blockchain-based tokens, including NFTs, via third-party wallet providers and smart contract frameworks;
fan engagement tools such as direct notifications, automated email campaigns, and analytics dashboards;
digital storefront capabilities, including sales of downloadable products, streaming content, and token-gated experiences;
integration with third-party services for payment processing, wallet hosting, and content delivery;
storage and hosting of Creator Content on servers operated or subcontracted by Fr3n; and
optional consulting services concerning digital strategy, product design, and fan monetization.

3.3 Exclusions from the Scope
The Services are limited to the functionalities described in these Terms and the Creator Agreement. Fr3n does not assume responsibility for:

the quality, legality, or accuracy of Creator Content;
the performance or solvency of Fans or third-party payment providers;
the custody, transfer, or security of cryptocurrencies or NFTs beyond integrations provided by independent third parties;
compliance of Creator Content with intellectual property laws, consumer protection laws, or other applicable legislation in the Creator’s jurisdiction;
uninterrupted or error-free operation of blockchain networks, wallets, or other third-party infrastructures.

3.4 Third-Party Services and Subcontractors
Fr3n relies on certain third-party providers for essential elements of the Services, including but not limited to wallet providers (such as thirdweb), payment processors (such as Stripe or MoonPay), and hosting providers. The Creator acknowledges and agrees that the use of such third-party services is subject to their respective terms and conditions. Fr3n assumes no liability for failures, interruptions, or losses attributable to such third parties, provided that Fr3n has exercised reasonable care in the selection and monitoring of subcontractors.

3.5 Service Availability
Fr3n shall use commercially reasonable efforts to ensure the continuous availability of the Services. However, Fr3n does not guarantee uninterrupted access. Scheduled maintenance may occur, typically outside regular business hours, and Fr3n shall use reasonable efforts to provide prior notice. Emergency maintenance may be performed without prior notice where necessary to preserve system integrity.

3.6 Changes to Services
Fr3n reserves the right to modify, enhance, or discontinue certain features of the Services at its discretion, provided that such changes do not materially impair the overall functionality of the platform. Where material changes are implemented, Fr3n shall notify the Creator in advance by email or through the platform interface. The Creator may terminate the Agreement with thirty (30) days’ notice in the event of a material reduction in the scope of Services.

3.7 No Financial, Legal, or Tax Advice
The Services are purely technical in nature. Fr3n does not provide legal advice, tax advice, investment advice, or financial intermediation. Any information provided through the Services, including analytics, recommendations, or consulting outputs, is for general informational purposes only. The Creator remains solely responsible for obtaining professional advice where required and for ensuring compliance with applicable laws and regulations.

3.8 No Custody of Funds or Tokens
Fr3n does not act as custodian of fiat currencies, cryptocurrencies, or NFTs. All payments are processed via independent third-party providers. Wallets are generated and controlled by such providers, and Fr3n does not have access to private keys. The Creator acknowledges that blockchain transactions are irreversible and subject to risks inherent in decentralized technologies.

4: Creator Obligations

4.1 General Responsibility

The Creator acknowledges and agrees that they are solely responsible for the legality, accuracy, and compliance of all content, products, and communications made available through the Services (“Creator Content”). Fr3n does not monitor, review, or verify Creator Content prior to publication, and assumes no responsibility for its lawfulness. The Creator shall indemnify and hold harmless Fr3n from any claims, damages, penalties, or expenses arising from Creator Content.

4.2 Compliance with Laws

The Creator shall use the Services only in compliance with all applicable laws, regulations, and industry standards. This includes, without limitation, consumer protection laws, e-commerce laws, financial regulations, data protection laws, and intellectual property laws in all jurisdictions in which Creator Content is offered. The Creator must ensure that Creator Content does not infringe the rights of third parties and does not constitute unlawful, defamatory, harmful, obscene, or otherwise offensive material.

4.3 Intellectual Property Rights

The Creator represents and warrants that they own or otherwise hold all necessary rights, licenses, and permissions to use, publish, and monetize Creator Content via the Services. The Creator must not use content owned by third parties without proper authorization. In the event that Fr3n receives a notice of alleged infringement, Fr3n reserves the right to remove or disable access to the allegedly infringing material and to suspend the Creator’s account until the matter is resolved.

4.4 Content Standards

The Creator shall refrain from publishing or distributing:

(a) content that is unlawful, defamatory, discriminatory, hateful, or otherwise offensive;

(b) content that violates intellectual property, privacy, publicity, or other proprietary rights of third parties;

(d) spam, malware, or other harmful code;

(e) content promoting illegal activities, violence, or self-harm.

Fr3n reserves the right, but not the obligation, to remove Creator Content that violates these standards.

4.5 Cooperation and Mitigation Duties

The Creator shall provide Fr3n with all necessary information, materials, and approvals in a timely manner to enable the provision of the Services. This includes the appointment of a designated contact person with decision-making authority. The Creator must ensure that all data and materials provided to Fr3n are accurate, complete, and free of defects. Any delays or failures in cooperation may delay or impair the provision of Services, for which Fr3n assumes no responsibility.

4.6 Technical Requirements

The Creator is responsible for obtaining and maintaining all equipment, software, and internet connections necessary to access and use the Services. The Creator shall ensure that their systems meet the minimum technical requirements specified by Fr3n. Fr3n assumes no liability for failures caused by the Creator’s equipment or infrastructure.

4.7 AML/KYC Compliance
Where required by law, the Creator shall provide Fr3n and/or its payment partners with information necessary to comply with anti-money laundering (“AML”) and know-your-customer (“KYC”) requirements. Failure to provide accurate and complete information may result in suspension of payouts or termination of the Services.

4.8 Tax Compliance
The Creator is solely responsible for assessing and fulfilling their tax obligations in all jurisdictions in which they operate. This includes income taxes, sales taxes, VAT, and any other applicable duties. The Creator shall indemnify Fr3n against any claims, fines, or penalties arising from the Creator’s failure to comply with tax obligations.

4.9 Indemnification
The Creator shall indemnify, defend, and hold harmless Fr3n, its affiliates, employees, officers, and subcontractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of:
(a) Creator Content;
(b) the Creator’s breach of these Terms;
(c) violation of applicable laws or regulations;
(d) infringement of third-party rights.

4.10 Insurance
Fr3n reserves the right to require the Creator to maintain appropriate business liability insurance covering risks associated with Creator Content and operations. Upon request, the Creator shall provide Fr3n with certificates of insurance evidencing such coverage.

4.11 Consequences of Breach
In the event of a breach of this Section, Fr3n may, at its sole discretion:

suspend or terminate the Creator’s account;
remove or disable access to offending Creator Content;
withhold payouts until the breach is remedied;
report the breach to relevant authorities where required by law.

Such remedies are without prejudice to Fr3n’s right to claim damages.

5: Payments, Fees and Taxes

5.1 General Principle

The Creator shall pay to Fr3n the remuneration specified in the applicable Creator Agreement or order form. Such remuneration may consist of recurring fixed fees, usage-based fees, transaction commissions, and reimbursable expenses. Unless otherwise agreed in writing, all amounts are calculated according to Fr3n’s current price list valid at the time of performance.

5.2 Service Fees

The Services may be subject to a recurring monthly service fee, which compensates Fr3n for providing and maintaining access to the platform. The exact amount of the service fee shall be set forth in the Creator Agreement. Fr3n may offer different service tiers with varying functionalities, features, and support levels.

5.3 Transaction-Based Commissions

In addition to fixed fees, Fr3n may charge commissions on revenue generated by the Creator through the Services. Such commissions are calculated as a percentage of gross sales, net of taxes and payment provider fees, unless otherwise agreed. The applicable percentage shall be specified in the Creator Agreement.

5.4 Reimbursable Expenses

Where Fr3n incurs reasonable expenses in connection with the provision of Services, such as travel, accommodation, or third-party charges, the Creator shall reimburse Fr3n against proper evidence. Reimbursement shall only be due where such expenses have been pre-approved by the Creator, except in cases of urgency.

5.5 Invoicing and Payment Terms

Unless otherwise agreed, Fr3n shall issue invoices on a monthly basis. Invoices shall be due and payable within fourteen (14) calendar days from the date of issuance, without deduction. Payments must be made in Euro (EUR) to the bank account specified on the invoice. Payment shall be deemed made only when the invoiced amount is irrevocably credited to Fr3n’s account.

5.6 Default of Payment

If the Creator fails to pay an invoice when due, they shall be in default without further notice. In such event, Fr3n may charge statutory default interest as provided under German law. Fr3n may also suspend the provision of Services until payment is received in full. If payment default continues for more than thirty (30) days, Fr3n may terminate the Agreement with immediate effect.

5.7 Price Adjustments

Fr3n reserves the right to adjust agreed fees once per calendar year, provided that such adjustment is objectively justified by increases in costs (including but not limited to personnel, infrastructure, energy, or subcontractor costs). Fr3n shall notify the Creator of any adjustment in writing at least six (6) weeks in advance. If the Creator does not accept the adjustment, they may terminate the Agreement with one (1) month’s notice prior to the effective date of the adjustment.

5.8 Taxes and Withholding

All fees are exclusive of value added tax (VAT) and any other applicable taxes, duties, or levies imposed by governmental authorities. The Creator shall be solely responsible for all such taxes arising from their use of the Services. If the Creator is required by law to withhold taxes from payments to Fr3n, the Creator shall gross up the payment such that Fr3n receives the full amount it would have received absent such withholding. The Creator remains responsible for filing and remitting all applicable tax returns to the competent authorities.

5.9 Set-Off and Retention Rights
The Creator shall not be entitled to set off claims against Fr3n or to exercise a right of retention, unless such claims are undisputed or finally adjudicated by a court of competent jurisdiction.

5.10 Payment Providers
Fr3n may engage third-party payment processors (e.g., Stripe, MoonPay) for the collection and distribution of funds. All such transactions are subject to the terms and conditions of the respective providers. Fr3n is not liable for delays, chargebacks, failed settlements, or losses attributable to such providers, provided that Fr3n has exercised due care in their selection.

5.11 Payouts to Creators
Payouts to the Creator shall only be made after Fr3n has irrevocably received corresponding funds from the relevant payment provider. Fr3n may withhold or delay payouts where required by law, including compliance with anti-money laundering (AML) or counter-terrorism financing (CTF) regulations. Fr3n may also offset unpaid fees against amounts payable to the Creator.

5.12 Disputed Invoices
If the Creator disputes an invoice, they must notify Fr3n in writing within fourteen (14) days of receipt, specifying the reasons for the dispute. Failure to provide timely notice shall render the invoice deemed accepted. Disputed amounts shall not entitle the Creator to withhold payment of undisputed amounts.

6: Intellectual Property Rights

6.1 Ownership of the Platform

All intellectual property rights in and to the Services, including but not limited to the Fr3n platform, source code, algorithms, databases, designs, graphics, interfaces, trademarks, service marks, trade names, logos, and other brand elements (collectively, “Fr3n IP”), shall remain the exclusive property of Fr3n or its licensors. Nothing in these Terms shall be construed as transferring any ownership rights in Fr3n IP to the Creator. The Creator is granted only a limited, non-exclusive, non-transferable, revocable license to access and use the Services for the duration of the Agreement and strictly in accordance with these Terms.

6.2 Restrictions on Use

The Creator shall not, and shall not permit any third party to:

(a) copy, modify, translate, adapt, or create derivative works of the Services or Fr3n IP;

(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services, except as expressly permitted under mandatory law;

(d) use the Services to build a competing product or service; or

(e) sublicense, rent, lease, sell, or otherwise make the Services available to third parties, except as expressly authorized in writing by Fr3n.

6.3 Creator Content

The Creator retains ownership of all intellectual property rights in Creator Content. By uploading or otherwise making Creator Content available through the Services, the Creator grants Fr3n a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, transmit, and otherwise use the Creator Content to the extent necessary for the operation of the Services. This license is limited to the duration of the Agreement and shall automatically terminate once the Creator has removed the relevant Creator Content from the Services, unless otherwise required by law.

The Creator represents and warrants that the Creator Content does not infringe or misappropriate any third-party rights, including intellectual property, privacy, publicity, or contractual rights. The Creator shall indemnify and hold harmless Fr3n against any claims, damages, or expenses arising from Creator Content.

6.4 Jointly Developed Content

In cases where Fr3n provides consulting, design, or co-development services to the Creator, the parties shall agree separately on the ownership of resulting intellectual property. Unless otherwise agreed in writing, all deliverables created by Fr3n in the performance of Services (“Work Results”) shall remain the sole property of Fr3n, and the Creator shall receive a limited, non-exclusive license to use such Work Results for the purpose of operating their business in connection with the Services.

6.5 Feedback

The Creator may from time to time provide suggestions, ideas, or feedback regarding improvements or enhancements to the Services (“Feedback”). The Creator agrees that Fr3n shall have a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to compensate the Creator.

6.6 Third-Party Intellectual Property

The Services may incorporate or rely upon open-source software or third-party intellectual property. Such components are subject to the applicable open-source or third-party license terms, which shall prevail over these Terms in case of conflict. Fr3n shall provide the Creator with a list of open-source components upon request.

6.7 Infringement Notices
Fr3n respects intellectual property rights and expects Creators to do the same. If Fr3n receives a credible notice alleging that Creator Content infringes third-party rights, Fr3n may remove or disable access to the allegedly infringing material and notify the Creator. Fr3n may suspend or terminate accounts of repeat infringers. The Creator may submit counter-notifications in accordance with applicable law.

6.8 Protection of Fr3n IP
The Creator acknowledges that unauthorized use of Fr3n IP would cause irreparable harm to Fr3n. In the event of a breach of this Section, Fr3n shall be entitled to seek injunctive relief in addition to any other remedies available at law.

7: Confidentiality and Data Protection

7.1 Confidential Information

Each party (“Receiving Party”) undertakes to keep strictly confidential all information of the other party (“Disclosing Party”) that is disclosed in connection with these Terms and is either marked as confidential or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Confidential Information includes, without limitation, trade secrets, business plans, financial data, technical specifications, source code, product roadmaps, customer and supplier data, marketing strategies, and contractual terms.

7.2 Exceptions

Confidential Information does not include information which:

(a) is or becomes publicly known without breach of these Terms;

(b) is lawfully received from a third party without confidentiality obligation;

(d) must be disclosed pursuant to law, regulation, court order, or governmental directive, provided that the Receiving Party gives prompt notice to the Disclosing Party where legally permissible.

7.3 Use and Disclosure

The Receiving Party shall use Confidential Information solely for the performance of these Terms and shall not disclose it to any third party without prior written consent of the Disclosing Party. Confidential Information may only be shared with employees, affiliates, advisors, or subcontractors who have a strict need to know and are bound by confidentiality obligations no less restrictive than those set forth herein.

7.4 Duration of Confidentiality

The obligations in this Section shall survive termination of these Terms for a period of three (3) years. Trade secrets shall remain protected for as long as they qualify as trade secrets under applicable law.

7.5 Remedies and Contractual Penalty

In the event of unauthorized disclosure or misuse of Confidential Information, the Disclosing Party shall be entitled to seek injunctive relief and claim damages. Where specified in the Creator Agreement, breaches of confidentiality may trigger a contractual penalty. Payment of such penalty does not release the breaching party from further liability for damages exceeding the penalty amount.

7.6 Data Protection Laws

Both parties shall comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the German Federal Data Protection Act (BDSG). The Creator acts as the data controller for all personal data of Fans, while Fr3n acts as a data processor.

7.7 Data Processing Agreement (AVV)

The parties have entered into a Data Processing Agreement (“AVV”) in accordance with Article 28 GDPR, which governs the processing of personal data by Fr3n on behalf of the Creator. The AVV forms an integral part of these Terms and shall prevail in case of conflict regarding data processing obligations.

7.8 Subprocessors

Fr3n may engage subprocessors to perform certain processing activities. A current list of subprocessors shall be made available to the Creator upon request. Fr3n shall ensure that all subprocessors are bound by data protection obligations no less stringent than those contained in the AVV. The Creator may object to the use of a new subprocessor on reasonable grounds relating to data protection.

7.9 Technical and Organisational Measures
Fr3n shall implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access. Such measures include access controls, encryption, logging, and regular security audits. Fr3n shall document these measures and update them from time to time to ensure ongoing compliance.

7.10 Data Breach Notification
In the event of a personal data breach, Fr3n shall notify the Creator without undue delay after becoming aware of the breach, providing sufficient information to allow the Creator to comply with its own legal obligations, including notification of supervisory authorities or affected data subjects.

7.11 Return and Deletion of Data
Upon termination of the Agreement, Fr3n shall, at the choice of the Creator, either return all personal data to the Creator or securely delete such data, unless retention is required by law. Documentation demonstrating compliance with this Section shall be provided upon request.

Abschnitt 8: Support and Service Levels

8.1 General Support Services

Fr3n shall provide the Creator with customer support services in connection with the use of the platform. Support is primarily provided via email at support@fr3n.tech. Fr3n may, at its discretion, also provide support through other communication channels such as online ticketing systems or chat.

8.2 Service Hours

Support shall be available during Fr3n’s regular business hours, which are Monday to Friday, 9:00 a.m. to 6:00 p.m. Central European Time (CET), excluding public holidays in the State of North Rhine-Westphalia, Germany. Requests received outside of these hours shall be deemed received on the following business day.

8.3 Availability of the Services

Fr3n shall use commercially reasonable efforts to ensure an average monthly availability of the Services of 99.5%, excluding scheduled maintenance, emergency maintenance, and outages caused by third-party providers, the Creator’s systems, or Force Majeure events. Availability shall be measured at the interface between Fr3n’s network and the public internet.

8.4 Scheduled Maintenance

Fr3n may perform scheduled maintenance on the platform in order to update, improve, or maintain the Services. Where possible, Fr3n shall provide at least forty-eight (48) hours’ prior notice of scheduled maintenance. Scheduled maintenance is typically performed outside regular business hours.

8.5 Emergency Maintenance

In cases of urgent security vulnerabilities or unforeseen technical issues, Fr3n may carry out emergency maintenance without prior notice. Fr3n shall use reasonable efforts to minimize disruption and notify the Creator as soon as possible.

8.6 Response Times

Fr3n shall use reasonable efforts to respond to support requests within the following timeframes, measured from the receipt of a complete error report from the Creator:

Critical Errors (Severity 1) – platform outage or total loss of essential functionality: initial response within four (4) business hours, continuous efforts until resolution.
Major Errors (Severity 2) – significant impairment of core functions without total outage: initial response within one (1) business day, resolution as soon as reasonably possible.
Minor Errors (Severity 3) – limited impairment of non-core functions: initial response within two (2) business days, resolution in next scheduled update.

8.7 Error Reporting

The Creator shall provide Fr3n with sufficient detail to reproduce reported errors, including screenshots, system logs, and a description of steps leading to the error. Failure to provide sufficient information may delay error resolution.

8.8 Escalation Procedure

If Fr3n fails to resolve a reported error within a reasonable time, the Creator may escalate the issue by notifying a designated Fr3n manager. Escalated issues shall receive priority handling.

8.9 Exclusions
The following do not count toward service availability or SLA obligations:
(a) downtime caused by the Creator’s equipment, internet connection, or third-party software not provided by Fr3n;
(b) downtime resulting from misuse of the Services contrary to these Terms;
(c) failures of blockchain networks, wallet providers, or payment processors outside Fr3n’s control;
(d) Force Majeure events.

8.10 Remedies for SLA Failures
If Fr3n fails to meet its availability commitments in two consecutive months, the Creator may request a service credit equal to 5% of the monthly fee for each percentage point below the availability target, capped at 25% of the monthly fee. Service credits must be requested in writing within thirty (30) days after the end of the relevant month and shall be applied to future invoices. Service credits are the Creator’s sole and exclusive remedy for SLA failures.

9: Liability and Warranty

9.1 General Principle

The Services are provided by Fr3n on an “as is” and “as available” basis. While Fr3n uses commercially reasonable efforts to ensure proper operation, the Creator acknowledges that uninterrupted, error-free performance cannot be guaranteed due to the nature of internet and blockchain technologies.

9.2 Liability for Intent and Gross Negligence

Fr3n shall be liable without limitation for damages caused by intentional misconduct (“Vorsatz”) or gross negligence (“grobe Fahrlässigkeit”) of Fr3n, its legal representatives, or agents.

9.3 Liability for Slight Negligence

In cases of slight negligence (“einfache Fahrlässigkeit”), Fr3n shall only be liable for breaches of material contractual obligations (“Kardinalpflichten”), i.e. obligations that are essential for the proper execution of these Terms and on the fulfilment of which the Creator regularly relies. In such cases, liability shall be limited to the foreseeable, typical damages at the time of contract conclusion.

9.4 Exclusion of Indirect Damages

To the maximum extent permitted by law, Fr3n shall not be liable for indirect or consequential damages, including but not limited to lost profits, loss of business opportunities, reputational damage, or loss of anticipated savings.

9.5 Cap on Liability

Except in cases of intent, gross negligence, or personal injury, the aggregate liability of Fr3n for all claims arising under these Terms shall not exceed the total amount of fees paid by the Creator to Fr3n in the six (6) months preceding the event giving rise to liability.

9.6 Mandatory Liability

Nothing in these Terms shall limit Fr3n’s liability where such limitation is prohibited by applicable law, including but not limited to liability under the German Product Liability Act (Produkthaftungsgesetz), liability for injury to life, body or health, or liability for guarantees expressly assumed by Fr3n.

9.7 Data Loss

Fr3n shall not be liable for loss of data to the extent that such loss could have been prevented by reasonable backup measures taken by the Creator. The Creator is solely responsible for maintaining regular backups of Creator Content and related data.

9.8 Third-Party Services

Fr3n shall not be liable for failures, errors, or damages caused by third-party services integrated into the platform, such as payment providers, wallet providers, or blockchain networks, provided that Fr3n has exercised due care in their selection.

9.9 Force Majeure

Fr3n shall not be liable for non-performance or delays caused by Force Majeure events, as defined in these Terms. Performance shall be suspended for the duration of the event.

9.10 Warranty Disclaimer

Fr3n does not warrant that the Services will meet the Creator’s specific requirements, achieve any intended results, or be compatible with particular hardware, software, or systems. No oral or written advice provided by Fr3n or its representatives shall constitute a warranty.

9.11 Limitation Period
Claims for damages by the Creator shall become time-barred after twelve (12) months from the date on which the Creator became aware of the damage and the responsible party, unless mandatory statutory provisions provide otherwise.

10: Term and Termination

10.1 Commencement and Initial Term

These Terms shall become effective upon registration of the Creator account or execution of the Creator Agreement, whichever occurs first. Unless otherwise agreed in the Creator Agreement, the initial term of the Agreement shall be twelve (12) months (“Initial Term”).

10.2 Renewal

Upon expiry of the Initial Term, the Agreement shall automatically renew for successive periods of twelve (12) months each (“Renewal Term”), unless terminated by either party by giving at least three (3) months’ written notice prior to the end of the Initial Term or any Renewal Term.

10.3 Ordinary Termination

Either party may terminate the Agreement at the end of the Initial Term or any Renewal Term by providing written notice in accordance with Section 12 (Miscellaneous). Notice must be given in writing and delivered by registered mail or electronic signature platform (e.g. DocuSign).

10.4 Extraordinary Termination for Cause

Either party may terminate the Agreement for cause with immediate effect if the other party materially breaches these Terms and fails to remedy such breach within thirty (30) days after receipt of written notice. Material breaches include, without limitation:

(a) non-payment of fees beyond thirty (30) days;

(b) repeated or serious violations of the Creator’s obligations under Section 4 (Creator Obligations);

(d) unauthorized disclosure of Confidential Information;

(e) insolvency or filing for bankruptcy of either party.

10.5 Termination by Fr3n

Fr3n may terminate the Agreement with immediate effect where:

(a) continued performance would expose Fr3n to regulatory or legal liability;

(b) Creator Content is manifestly unlawful or infringes third-party rights;

(d) the Creator attempts to circumvent fees or misuses the Services.

10.6 Effects of Termination

Upon termination of the Agreement for any reason:

The Creator’s right to use the Services shall immediately cease.
Outstanding payment obligations of the Creator shall become immediately due and payable.
Fr3n shall provide the Creator with an opportunity to export Creator Content and related data in a commonly used format within thirty (30) days of termination, subject to payment of any applicable fees.
After the expiry of this period, Fr3n may delete all Creator Content, unless retention is required by law.

10.7 No Refunds
Termination shall not entitle the Creator to a refund of fees already paid, except where termination is due to an uncured material breach by Fr3n.

10.8 Survival of Provisions
The following provisions shall survive termination of the Agreement: Section 6 (Intellectual Property Rights), Section 7 (Confidentiality and Data Protection), Section 9 (Liability and Warranty), Section 10.6 (Effects of Termination), and Section 12 (Miscellaneous).

11: Force Majeure

11.1 Definition

Neither party shall be liable for any failure or delay in the performance of its contractual obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control (“Force Majeure”). Force Majeure events include, without limitation: natural disasters, fires, floods, earthquakes, storms, epidemics or pandemics, governmental actions, embargoes, wars, terrorism, civil unrest, strikes or labor disputes, power outages, failures of telecommunications or internet services, cyberattacks, denial-of-service attacks, and failures of blockchain networks or third-party providers essential to the Services.

11.2 Notification

The affected party shall notify the other party in writing without undue delay upon becoming aware of the Force Majeure event, specifying the nature, expected duration, and anticipated impact on its ability to perform contractual obligations. The affected party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure event.

11.3 Suspension of Obligations

The performance of obligations affected by a Force Majeure event shall be suspended for the duration of the event. Deadlines shall be extended by the period of the Force Majeure event plus a reasonable restart period.

11.4 Termination Rights

If a Force Majeure event continues for a period exceeding sixty (60) consecutive days, either party may terminate the Agreement by giving fourteen (14) days’ written notice to the other party. Termination pursuant to this Section shall not give rise to any claims for damages.

11.5 Payment Obligations

Force Majeure shall not excuse or suspend the Creator’s obligation to pay fees accrued prior to the occurrence of the Force Majeure event.

12: Miscellaneous

12.1 Entire Agreement

These Terms, together with the Creator Agreement, the Privacy Policy, and the Data Processing Agreement (AVV), constitute the entire agreement between the parties with respect to the Services and supersede all prior or contemporaneous agreements, proposals, representations, and understandings, whether written or oral, relating to the subject matter hereof.

12.2 Amendments

Amendments or modifications of these Terms must be made in writing. Fr3n reserves the right to update or amend these Terms from time to time in order to reflect changes in the Services, applicable laws, or business practices. Such amendments shall be notified to the Creator by email or via the platform. Unless the Creator objects in writing within four (4) weeks of notification, the amendments shall be deemed accepted. If the Creator objects, Fr3n may terminate the Agreement with one (1) month’s notice.

12.3 No Waiver

Failure by either party to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver shall only be effective if made in writing and signed by the waiving party.

12.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to replace the invalid provision with a valid provision that most closely reflects the economic intent of the invalid provision.

12.5 Assignment

The Creator may not assign, transfer, or otherwise dispose of any of its rights or obligations under these Terms without the prior written consent of Fr3n. Any attempted assignment without consent shall be void. Fr3n may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets, without the Creator’s consent.

12.6 Notices

All notices under these Terms shall be in writing and delivered by hand, registered mail, courier service, or electronic signature platform (such as DocuSign). Notices sent by email shall be valid only if expressly acknowledged by the recipient.

12.7 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

12.8 Jurisdiction

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Münster, Germany, provided that the Creator is a merchant, legal entity under public law, or special fund under public law. Mandatory statutory venues remain unaffected.

12.9 Language

These Terms are drawn up in the English language. In case of conflict between translations, the English version shall prevail.

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Contact Information

If you have any questions about these Terms, please contact us at:

fr3n GmbH Schaumburgstr 3 48145 Münster Germany

Email: support@fr3n.fan