Terms of Service

Last updated: March 2026

§ 1 Scope

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between Fairsend GmbH, Beim Braunstall 7, 97980 Bad Mergentheim (hereinafter "Provider"), registered with the Commercial Register of the Amtsgericht (Local Court) Ulm under HRB 739241, and the customer (hereinafter "User") via the platform fairsend.de.

(2) Deviating conditions of the User are not recognized unless the Provider expressly agrees to their validity in writing.

(3) The version of these GTC valid at the time of contract conclusion shall apply.

§ 2 Description of Services

(1) Fairsend enables the secure, client-side end-to-end encrypted transfer of files via the internet (AES-256-GCM). The decryption key never leaves the user's browser at any time. The Provider cannot view the content of transferred files.

(2) The platform is offered in various plans: Free (no charge), Premium, Creator+, Team, and Enterprise (subscriptions), as well as Single Transfer (one-time purchase). The applicable scope of features and associated limits (storage, file size, transfers, recipients, retention period) are specified on the pricing page at fairsend.de/pricing.

(3) The Provider reserves the right to adjust, expand, or restrict the scope of free plans at any time.

§ 3 Contract Formation

(1) Free usage (Free plan) is possible without registration. By uploading and sending files, a usage contract is established.

(2) For paid plans, the contract is established upon completion of the payment process through the payment service provider Mollie B.V.

(3) By registering a user account, the User confirms that they are at least 16 years old and have legal capacity.

§ 4 Prices and Payment

(1) All prices listed on the platform include the applicable statutory value-added tax (VAT).

(2) Subscriptions are billed in advance for the respective billing period (monthly or annually). Single Transfers are charged once before use.

(3) Payment processing is handled exclusively through Mollie B.V. (Amsterdam). Available payment methods are displayed during checkout.

(4) In case of payment default, the Provider is entitled to block access to paid features until the outstanding payment has been settled.

§ 5 Term and Termination

(1) Monthly subscriptions may be cancelled at any time effective at the end of the current billing month. Annual subscriptions may be cancelled at any time effective at the end of the current billing year. There is no minimum contract period.

(2) Cancellation may be effected via the account settings on the platform or by email to info@fairsend.de.

(3) After cancellation of a subscription, the account will be downgraded to the Free plan. Existing transfers remain available until expiration of their respective retention period.

(4) The right to extraordinary termination for good cause remains unaffected.

§ 6 User Obligations

(1) The User undertakes not to use the platform for the transfer of illegal, offensive, defamatory, pornographic, or otherwise objectionable content.

(2) The User is responsible for keeping their access credentials confidential and is liable for all activities that take place under their account.

(3) The User may not impair the platform infrastructure through excessive use (e.g., automated mass requests without API access).

(4) Violations of these obligations entitle the Provider to immediately block the account and, if applicable, individual transfers.

§ 7 Exclusion of Liability for File Content

(1) Due to client-side end-to-end encryption, the Provider has no knowledge of the content of files transferred via the platform at any time and cannot view, inspect, or filter them.

(2) Responsibility for transferred content lies exclusively with the sender. The Provider assumes no liability for the legality, accuracy, or quality of transferred files.

(3) In case of justified suspicion of illegal use, the Provider is entitled to block individual transfers and, where legally required, to provide information to the competent authorities.

§ 8 Availability

(1) The Provider endeavors to ensure uninterrupted availability of the platform. A 100% availability guarantee is not provided.

(2) Necessary maintenance work will be scheduled during off-peak hours where possible. For planned maintenance with extended downtime, the User will be informed in advance where possible.

(3) Force majeure, internet disruptions, network operator issues, or hosting provider problems are beyond the Provider's sphere of influence.

§ 9 Liability

(1) The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body, or health.

(2) In cases of slight negligence, the Provider is liable only for breach of material contractual obligations (cardinal obligations) and limited in amount to the foreseeable, contract-typical damage. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely.

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

(4) The Provider is not liable for loss of data that the User has not secured through appropriate data backup measures.

§ 10 Right of Withdrawal

(1) Consumers have a statutory right of withdrawal of 14 days from the conclusion of the contract. Details of the right of withdrawal can be found in the withdrawal policy available at fairsend.de/widerruf.

(2) The right of withdrawal expires prematurely if the Provider has begun providing the digital service before expiry of the withdrawal period and the consumer has expressly consented thereto and simultaneously confirmed their knowledge that they lose their right of withdrawal through their consent.

§ 11 Abuse Reports and Blocking

(1) Users and third parties may report suspicious transfers via the abuse reporting function (fairsend.de/abuse) by providing the tracking ID.

(2) The Provider reviews every report and is entitled, in case of justified suspicion, to block individual transfers and to temporarily or permanently deactivate user accounts.

(3) In case of repeated reports against the same user, the Provider reserves the right to block the account without prior warning.

§ 12 Data Protection

For information on the processing of personal data, please refer to our privacy policy at fairsend.de/datenschutz.

§ 13 Amendments to These GTC

(1) The Provider reserves the right to amend or supplement these GTC with effect for the future, insofar as this is necessary and does not unreasonably disadvantage the User.

(2) Amendments will be communicated to the User by email at least 6 weeks before they take effect. If the User does not object within this period, the amended conditions are deemed accepted. The User will be specifically informed of the right to object and its consequences in the amendment notification.

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction for all disputes arising from this contractual relationship — insofar as the User is a merchant, legal entity under public law, or a special fund under public law — is Bad Mergentheim.

(3) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected (severability clause).