Terms of Service

Last updated: November 2026

§ 1 Scope

(1) These Terms and Conditions apply to all contracts concluded via the platform fairsend.de between Fairsend GmbH, Beim Braunstall 7, 97980 Bad Mergentheim, registered in the commercial register of the Amtsgericht Ulm under HRB 739241 (hereinafter “Provider”), and the customer (hereinafter “User”).
(2) Deviating terms of the User are not recognised unless the Provider expressly agrees to their validity in text form.
(3) The version of these Terms and Conditions valid at the time the contract is concluded is authoritative.

§ 2 Description of services

(1) Fairsend enables the secure sending and encrypted storage of files as well as the sending of encrypted messages via the internet. File transfers are encrypted in the sender’s browser (AES-256-GCM). For transfers with password protection, the Provider does not store a key. Messages and file storage are stored with server-side encryption.
(2) The platform is offered in various plans: Free (free of charge), Premium, Creator+, Team and Enterprise (subscriptions) as well as single transfer (one-time purchase). In addition, paid extensions (additional team seats), vouchers (credit and gift vouchers) and discount codes may be offered. The applicable range of functions and the associated limits are set out on the pricing page at fairsend.de/pricing.
(3) The Provider is entitled to adapt, extend or restrict the range of functions of free plans.

§ 3 Conclusion of contract

(1) Free use (Free plan) is possible without registration. A usage contract is concluded when files are uploaded and sent.
(2) For paid plans, the contract is concluded upon completion of the payment process via the payment service provider Mollie B.V.
(3) By registering, the User confirms that they are at least 16 years old and have full legal capacity.

§ 4 Prices, payment and renewal

(1) All prices stated include statutory VAT.
(2) Subscriptions are billed in advance for the respective billing period (monthly or annually). Single transfers are billed once before use.
(3) Subscriptions renew automatically for the billing period selected in each case unless they are cancelled in accordance with § 5. Payment is collected at the beginning of the new period via the means of payment stored with the payment service provider.
(4) Payment processing is carried out exclusively via Mollie B.V. The available payment methods are displayed during the ordering process.
(5) In the event of late payment, the Provider sends a reminder for the outstanding payment and grants a reasonable grace period. If collection still fails thereafter, the Provider is entitled to block access to paid functions and to downgrade the plan to Free.

§ 5 Term and cancellation

(1) Subscriptions can be cancelled at any time with effect from the end of the current billing period. There is no minimum term.
(2) Cancellation can be made via the account settings on the platform and via the cancellation button provided for this purpose (“Cancel contracts here”) in accordance with § 312k BGB. Cancellation by email to info@fairsend.de is also possible.
(3) Once the cancellation takes effect, the account is downgraded to the Free plan at the end of the paid period. Existing transfers are retained until their respective retention period expires.
(4) The right to terminate without notice for good cause remains unaffected.

§ 6 Obligations of the User

(1) The User undertakes not to use the platform to transmit unlawful, offensive, defamatory, pornographic or otherwise objectionable content.
(2) The User is responsible for keeping their access data confidential and is liable for activities that take place under their account.
(3) The User must not impair the infrastructure through excessive or automated mass use without API access.
(4) Violations entitle the Provider to block the account and individual transfers.

§ 7 Disclaimer of liability for file contents

(1) The Provider does not view the content of transmitted files and does not check or filter it.
(2) Responsibility for the transmitted content lies solely with the sender. The Provider accepts no liability for the lawfulness, accuracy or quality of the transmitted files.
(3) In the event of a well-founded suspicion of unlawful use, the Provider is entitled to block individual transfers and, insofar as required by law, to provide information to the competent authorities.

§ 8 Availability

(1) The Provider endeavours to ensure availability that is as uninterrupted as possible. Availability of 100 percent is not guaranteed.
(2) Necessary maintenance work is scheduled during periods of low usage wherever possible; in the event of longer planned downtimes, the User will be informed in advance wherever possible.
(3) Force majeure and disruptions at network operators or hosting providers lie outside 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 the case of slight negligence, the Provider is liable only for breach of essential contractual obligations (cardinal obligations), and the amount of liability is limited to the foreseeable damage typical for the contract.
(3) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
(4) The Provider is not liable for the loss of data that the User has not secured by means of suitable backup measures.

§ 10 Right of withdrawal

(1) Consumers have a statutory right of withdrawal. The details are set out in the withdrawal policy at fairsend.de/widerruf.
(2) The right of withdrawal expires early if the Provider has fully performed the digital service and the consumer, before performance began, gave express consent and acknowledged that they lose their right of withdrawal once performance begins.

§ 11 Abuse reports and blocking

(1) Users and third parties can report suspicious transfers via the abuse reporting function (fairsend.de/abuse), stating the tracking ID.
(2) The Provider reviews every report and, in the event of a well-founded suspicion, is entitled to block individual transfers and to deactivate user accounts temporarily or permanently.

§ 12 Data protection

Information on the processing of personal data can be found in our privacy policy at fairsend.de/datenschutz.

§ 13 Amendments to the Terms and Conditions

(1) The Provider may amend these Terms and Conditions 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 in text form at least six weeks before they take effect. If the User does not object within this period, the amended terms are deemed accepted. The communication will specifically point out this consequence as well as the right to object and its consequences. If the User objects, the Provider has the right to terminate the contractual relationship as of the planned effective date.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected.
(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Bad Mergentheim.
(3) Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.