Terms of Service
§ 1 Scope
(1) These Terms of Service apply to all contracts between Fanmall – Owner Thomas Barthel (hereinafter “Fanmall”) and the user regarding the provision of the AI chat service for creators (hereinafter “Service”).
(2) Consumers are natural persons who conclude business for purposes that can predominantly be attributed neither to their commercial nor self-employed professional activity.
(3) Deviating or supplementary conditions of the user shall not become part of the contract unless Fanmall expressly agrees to their validity in writing.
§ 2 Subject matter of the contract, service description
(1) The subject of the contract is the provision of an AI-based assistant for creators, in particular: automated chat via the Fanvue API, PPV sales configuration, personal signatures, AI-generated custom photos and – in the ULTIMATE plan – phone callbacks (call minutes).
(2) The exact scope of features results from the booked plan (BASIC, PRO, ULTIMATE) and the feature overview shown on this website.
(3) Fanmall reserves the right to make technically necessary changes (e.g. security updates, performance optimisations, model updates) provided that the agreed core functions are not substantially impaired.
§ 3 Conclusion of contract, trial period
(1) The presentation of the plans on the website does not constitute a legally binding offer but an invitation to order.
(2) Every plan starts with a 14-day free trial period. The trial period requires registration via the login area (login.fanmall.de) and can be terminated at any time without giving reasons.
(3) The paid contract only comes into effect upon express acceptance (order confirmation) or the actual start of the service.
§ 4 Prices and payment terms
(1) All prices are stated in Euro (€) plus statutory VAT unless stated otherwise: BASIC €29, PRO €79, ULTIMATE €149 (monthly each).
(2) Payment is made by credit card or a payment method offered by Fanmall. For consumers, the purchase price is due upon conclusion of the contract.
(3) In the event of late payment, Fanmall is entitled to charge statutory default interest and a flat-rate reminder fee, unless a lower or higher damage is proven.
§ 5 Term and termination
(1) The contract term is one month and extends by one further month each time unless terminated with at least seven days' notice before expiry.
(2) The right of both parties to extraordinary termination for good cause remains unaffected.
(3) Termination can be sent by e-mail to support@fanmall.de.
§ 6 User obligations
(1) The user undertakes to use the Service exclusively for lawful purposes. In particular not permitted: sending spam or unsolicited mass messages, using the Service to commit criminal or administrative offences, or infringing the rights of third parties.
(2) The user ensures that they are entitled to use Fanvue as a creator and complies with the terms of the Fanvue platform. Fanmall is not liable for the user's contractual violations towards third parties (e.g. Fanvue).
(3) Fully automated, unsolicited mass calls (robocalls/spam) are prohibited during the ULTIMATE plan's call minutes.
§ 7 Liability
(1) Fanmall is liable without limitation for intent and gross negligence, for damage to life, body or health, and under the German Product Liability Act.
(2) Otherwise, Fanmall's liability is limited to the contract-typical, foreseeable damage. This does not apply to the breach of cardinal obligations; in this respect liability is limited to foreseeable, typical damage.
(3) Liability for data loss is limited to the typical restoration effort that would have resulted from regular, risk-appropriate data backup.
§ 8 Right of withdrawal
Consumers have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the conclusion of the contract.
To exercise the right of withdrawal, the consumer must inform us (Fanmall – Owner Thomas Barthel, Lloydstr. 11, 27568 Bremerhaven, e-mail: support@fanmall.de) by means of a clear declaration.
Consequences of withdrawal: Fanmall refunds all payments received without undue delay and no later than within fourteen days from the day the withdrawal notice is received. The right of withdrawal expires if the service has been fully performed and execution began with the consumer's express consent before the end of the withdrawal period.
§ 9 Final provisions
(1) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
(2) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) If the user is a merchant, the exclusive place of jurisdiction is our registered office in Bremerhaven.