Terms & Conditions

Effective date:

1. Introduction

By registering for or using “Fanvue Chat” (the “Service”), you agree to these Terms. The Service provides chatbot automation, onboarding, scheduling, analytics, and related tools for Fanvue creators.

2. Definitions

Service: Fanvue Chat SaaS platform and all features (chat automation, onboarding, scheduling, analytics, webhooks, OAuth, prompts, blocklists).
User/Creator: The business customer using the Service.
Account: Login that grants access to the Service.
Content/Data: All data you or your end-users provide (messages, prompts, media URLs, settings, metadata).

3. Scope; Eligibility

The Service is intended for business users (B2B). You must be at least 18 and authorized to bind your business. If you qualify as a consumer under EU law, see Section 13 on withdrawal.

4. Account & Security

Provide accurate information and keep credentials confidential. You are responsible for all activity under your Account. Notify us immediately of any unauthorized use.

5. Permitted / Prohibited Use

Use the Service lawfully. Do not upload illegal/harmful content, attempt unauthorized access, exploit or harm minors, reverse-engineer, spam/harass, or violate platform rules (e.g., Fanvue). Do not overload or interfere with the Service.

6. Service Features & Trials

A free trial (e.g., 3 days) may be offered; after expiry, access may pause until a paid plan is activated. Features include automated replies, prompt management, OAuth integration, webhook handling, block/allow lists, scheduling (active hours), and analytics. We may improve, add, or remove non-essential features; material adverse changes will be communicated.

7. Fees and Payment

Subscriptions are billed in advance per cycle; amounts shown at checkout apply. Late/failed payment may lead to suspension/termination. Prices may change; we will notify you before the next cycle.

8. Refunds

Unused periods are generally non-refundable. We may consider refunds for verified service unavailability >24h in a cycle, incorrect/duplicate charges, or first-time subscription canceled within 48 hours. Approved refunds use the original payment method (allow 5–10 business days).

9. Data Protection (GDPR)

You remain controller of your end-user data; we act as processor to provide the Service. A Data Processing Agreement (DPA) applies. We process personal data lawfully, apply appropriate technical and organizational measures, and limit processing to what is necessary to run and secure the Service. Subprocessors and data transfers (if any) will follow GDPR safeguards (e.g., SCCs). Retention: operational data is retained as needed; backups/logs per our retention schedule, then deleted/anonymized.

Model/service improvement: We may use chat metadata and content in anonymized or aggregated form to improve quality and safety of our models/features. Where required, we will seek your consent or provide an opt-out consistent with GDPR.

10. Intellectual Property

The Service (software, UI, documentation) is owned by us or our licensors. You own your Content and grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display your Content solely to provide and improve the Service (including safety, reliability, and quality).

11. Availability and Support

The Service is provided “as is” and “as available.” We aim for high availability but do not guarantee uninterrupted or error-free operation. Planned maintenance or emergency downtime may occur; we will minimize impact.

12. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body, or health, and under mandatory product liability laws. For slight negligence, we are liable only for breach of essential contractual duties (cardinal obligations); in that case, liability is limited to typical, foreseeable damages. We are not liable for indirect or consequential damages (e.g., lost profits, loss of data) except where mandatory law requires otherwise.

13. Right of Withdrawal (Consumers only)

If you are a consumer under EU/German law, you have a 14-day withdrawal right from contract conclusion. However, if you request/agree that we start providing the digital service immediately and we fully perform during the withdrawal period, you lose the withdrawal right (§ 356(5) BGB). By starting the service (including free trial activation with full functionality), you expressly request immediate performance and acknowledge the loss of the statutory withdrawal right once performance has begun.

14. Termination

You may terminate at any time; access continues until the end of the paid period. We may suspend/terminate for material breach, legal violations, non-payment, or platform abuse. On termination, access ends; after a grace period, data may be deleted unless law requires retention.

15. Indemnity

You will indemnify and hold us harmless from third-party claims arising from your unlawful use of the Service or violation of these Terms, except where we are solely at fault.

16. Governing Law and Jurisdiction

German law applies, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Courts of Berlin, Germany (or your seat, where mandatory law requires) shall have exclusive jurisdiction, except where mandatory consumer venue rules apply.

17. Changes to Terms

We may update these Terms for legal/operational reasons. Material changes will be notified (e.g., email, in-app). Continued use after changes take effect constitutes acceptance.

18. Contact

Email: [email protected] (update when available). Address and company details will be provided once available.

By registering, you confirm you are authorized to bind your business (or, if a consumer, you have noted the withdrawal terms), you accept these Terms, and you request immediate provision of the digital service, acknowledging that this may waive the withdrawal right once full performance begins.