Terms of Use
These Terms of Use (the “Terms of Use”) govern your use of the Fanity app and the Fanity website at https://www.fanityapp.com (together, the “Fanity Services”) between you (“you”) and Fanity GmbH, Lerchenweg 8, 73113 Ottenbach, Germany, email: support@fanityapp.com (“Fanity”).
By registering in the App, you agree to these Terms of Use, as made available on the Fanity website, and to the Privacy Policy. If you do not agree to these Terms of Use, you are not permitted to use the Fanity App.
1. Access to the Fanity Services
1.1 Fanity provides you with free access to the Fanity App. You may use the Fanity App only if you are at least twelve (12) years old or you have obtained the consent of your legal guardian.
1.2 To use the Fanity App, you must create a user account, truthfully provide certain personal information, and set a secure password. You must keep your password confidential and may not allow any third party to access your user account.
1.3 Fanity reserves the right to verify the accuracy of the information you provide and to suspend the user account if the information is untrue or if Fanity has a reasonable suspicion that a third party is using your user account without authorization. Fanity will notify you of any suspension without undue delay using the contact details you provided. If you believe your account was suspended in error, you can contact us at support@fanityapp.com and we will review the matter.
1.4 Fanity may expand, change, limit, or otherwise modify the scope and/or content of the Fanity App—beyond updates—at any time and without prior notice where necessary for technical or legal reasons, to adapt to new technologies, or to reflect changes in functionalities/features. These changes will not result in any costs to you. If changes affect paid services in a way that more than insignificantly impairs your access to or usability of those services, Fanity will inform you in advance, and you will have a 30-day right to terminate the agreement from the date you are informed of the intended change.
1.5 The Terms of Use are accessible at any time under “Terms of Use” on the Fanity website and, within the Fanity App, under “Settings”; “Legal notices”; “Terms of Use.” They can be copied and saved.
2. License Rights
2.1 During the term of the agreement, Fanity grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Fanity Services for your own, non-commercial purposes.
2.2 You may use the Fanity Services only in accordance with these Terms of Use and applicable law. In particular, you are not permitted to engage in any use of the Fanity Services that violates data protection, privacy, copyright, criminal, or other legal provisions. You are further prohibited from:
Using the Fanity Services, or any part thereof, for commercial purposes, including disseminating advertising via the App;
Modifying, adapting, translating, or creating derivative works of the Fanity Services, or any part thereof;
Sublicensing, transferring, distributing, or otherwise monetizing the usage right granted to you under Section 2.1;
Decompiling, reverse engineering, disassembling, reconstructing, or otherwise attempting to derive any source code, object code, or underlying structural ideas, know-how, algorithms, or other functional mechanisms of the Fanity Services, except to the extent expressly permitted by mandatory law;
Attacking or unlawfully accessing Fanity’s systems, or introducing viruses or other malware via the Fanity Services that could endanger or impair their functionality;
Interfering with others’ lawful use of the Fanity Services;
Using the Fanity Services for fraudulent purposes or in connection with a criminal offense; or
Engaging in any other acts likely to disrupt the proper operation of the Fanity Services.
2.3 In the event of violations of Section 2.2, Fanity may suspend access to your user account until you have permanently remedied the violation. In the case of serious or repeated violations, Fanity may suspend access permanently and terminate your right to use the App for cause.
2.4 Fanity, and any Fanity licensors, are and remain the holders of all proprietary rights—including copyrights, database rights, and know-how—in and to the Fanity Services and Fanity’s trademarks. You receive only the usage rights set out in Section 2.1, limited as described in Section 2.2.
3. User Content
3.1 “User Content” means all information, content, and data that you make available via the App or otherwise transmit to Fanity in connection with your use of the Fanity Services. User Content also includes data generated or collected based on your use of the Fanity Services.
3.2 As between you and Fanity, you retain ownership of your rights in and to your User Content, to the extent you hold such rights.
3.3 You grant Fanity a non-exclusive, royalty-free, perpetual (including after you stop using the Fanity Services), non-transferable, sublicensable, worldwide, and content-unlimited license to use the User Content:
to the extent necessary to provide the Fanity Services; and
in aggregated, non–user-specific form for (i) optimizing and improving the Fanity Services, (ii) developing new features, products, and services, (iii) training/education, academic research and/or the preparation of manuscripts, and/or (iv) marketing, advertising, and commercialization purposes, including with respect to the optimized, improved, or new products and services referenced above.
This license includes the right to analyze, modify, combine, and/or aggregate User Content and to use such modified User Content together with other information or data from you or third parties. Use of User Content for these purposes will be in aggregated, non–user-specific form and in compliance with applicable data protection laws.
You are responsible for the content you make available through the Fanity Services and must have all rights necessary to create, publish, or share such content.
4. Features of the Fanity App
You may use the Fanity App free of charge.
You may use the Fanity App only if you are at least twelve (12) years old or you have obtained the consent of your legal guardian.
You can use the Fanity App at no cost to join various “Fanverses” and to view, like, and share the content provided there by Fanity (e.g., the “Daily News”). For certain content, you may be permitted to follow links to the original articles.
You have no entitlement to the publication of any specific content at any particular time. All the content is provided for informational purposes only.
5. Rules of Conduct for the use of the Fanity Services
5.1 You agree to comply with the following rules when using the Fanity Services (the „Rules of Conduct“):
Use the Fanity Services only in a manner that does not violate applicable laws and regulations.
Do not infringe third-party intellectual property rights (e.g., trademark or copyright).
Do not store or transmit viruses, malicious code, or malware; do not engage in phishing, spamming, or fraudulent or criminal activity.
Do not disrupt or interfere with the integrity or performance of the Fanity Services.
We expect civil conduct. This also includes age-appropriate conduct toward minors. The protection and welfare of minors is paramount. You may therefore not distribute any content that could cause developmental harm, including content involving sexual abuse, exploitation, bullying, dangerous acts, or the glorification of adult-only themes (e.g., alcohol consumption, cigarettes, or related substances).
5.2 In the event of violations of the Rules of Conduct, Fanity may take the following measures:
a) Warnings: Fanity may issue warnings for violations of the Rules of Conduct. All warnings are stored in our system. You will be notified of any warning.
b) Temporary suspension: Fanity may temporarily suspend your user account if you have committed a serious violation or have received more than one warning in a calendar year. You will be notified in advance of the reason and duration and given an opportunity to respond. After the suspension ends, you will regain full access.
c) Permanent exclusion: Fanity may permanently exclude you and delete your user account if you have committed a particularly serious violation; or if you have received multiple warnings including notice of a potential exclusion within a calendar year and failed to remedy the violation; or if your conduct constitutes criminal offenses. You will be notified of the permanent exclusion and the reasons for it and may submit a statement. Fanity will review your statement and restore access if the reasons are not confirmed. No opportunity to be heard is required in the case of criminal offenses or where a hearing would objectively be futile.
5.3 You are responsible, at your own expense, for procuring and maintaining the technical devices and ancillary services necessary to connect to, access, and use the Fanity Services.
6. Term
6.1 Your right to use the Fanity App begins after you accept these Terms of Use and create a user account and continues for an indefinite term unless terminated.
6.2 Fanity may terminate your right to use the App for convenience at any time upon fourteen (14) days’ notice.
6.3 You may terminate your right to use the App at any time with immediate effect by going to “Settings”; “General Settings”; “Delete Account.”. Fanity will then delete your user account.
6.4 Termination for cause
a) The parties’ right to terminate for cause remains unaffected. Cause exists for Fanity in particular if (i) you provided false information when opening your user account, especially regarding your age or (ii) Fanity is entitled to permanently exclude you and delete your user account pursuant to Section 5.2(c); or (iii) you have materially or repeatedly violated the provisions under Section 2.2.
b) If the cause consists of a breach of an obligation under these Terms of Use, termination is permitted after the expiration of any applicable notice-and-cure period, unless Section 5.2(c) applies, you have seriously and definitively refused to cure, or other circumstances—after weighing the parties’ respective interests—justify immediate termination.
7. Data Protection
7.1 Fanity will at all times comply with applicable data protection law, in particular the GDPR.
7.2 The processing of personal data by Fanity is explained in greater detail in Fanity’s Privacy Policy, which can be accessed on the Fanity Website.
8. Limitations and Exclusions of Liability
8.1 Fanity is liable to you for willful misconduct and gross negligence in accordance with statutory provisions.
8.2 Otherwise—and except as provided in Section 8.6—Fanity is liable only in the event of a culpable breach of a contractual duty the performance of which is essential for the proper execution of the agreement and on the fulfillment of which you regularly rely and may rely (a so-called “cardinal duty”). In such cases, damages are limited to the loss that was foreseeable at the time the agreement was concluded and is typical for this type of contract. In all other cases, Fanity’s liability is excluded, subject to Section 8.6.
8.3 The content of the App has been created with the greatest care. However, Fanity assumes no warranty for the accuracy, completeness, or timeliness of the information provided. All content is for informational purposes only.
8.4 As a service provider, Fanity is responsible for its own content under § 7(1) of the German Digital Services Act (Digitale-Dienste-Gesetz, DDG) and the general laws. Under §§ 8–10 DDG, however, Fanity is not obligated to monitor transmitted or stored third-party information or to investigate circumstances indicating unlawful activity. Obligations to remove or block the use of information under the general laws from the time of actual knowledge remain unaffected. Upon becoming aware of corresponding legal violations, Fanity will remove the content without delay.
8.5 The Fanity offering contains links to external third-party websites over whose content Fanity has no influence; the respective provider or operator is always responsible for such content. Continuous monitoring of the linked pages is not reasonable without specific indications of a legal violation. If Fanity becomes aware of legal violations, such links will be removed without delay.
8.6 Fanity’s liability for damages resulting from injury to life, body, or health; for breach of a guarantee given by Fanity; and under the German Product Liability Act (Produkthaftungsgesetz) or any other mandatory liability under applicable law is not affected by the limitations and exclusions in this Section 8.
9. Miscellaneous
9.1 If any provision of these Terms of Use is or becomes wholly or partially invalid or void, the validity of the remaining provisions shall not be affected.
9.2 Amendments or supplements to these Terms of Use—including this Section 9.2—must be made in text form (Textform). The exchange of simple emails is sufficient. Section 9.3 remains unaffected.
9.3 Amendment process
9.3.1 Amendments to these Terms of Use will be offered to you using the contact details you provided at least six (6) weeks before their intended effective date. The offered amendments take effect only if you accept them, including, where applicable, through the deemed-consent mechanism set out below.
9.3.1 Your silence will count as acceptance only if both conditions are met:
a) Fanity makes the amendment offer to restore conformity of the contractual terms with a changed legal situation because a provision of these Terms of Use (i) no longer complies with the law due to a change in legislation — including directly applicable European Union law—or (ii) has become invalid or may no longer be used due to a final court decision, including a decision by a court of first instance; and
b) You have not rejected the amendment offer before the proposed effective date of the amendments.
Fanity will inform you in the amendment offer of the consequences of your silence.
9.3.3 Exclusions from deemed consent.
The deemed-consent mechanism does not apply to (in these cases, Fanity will obtain your consent by other means.):
Amendments affecting the principal performance obligations of the contract or the fees for principal services;
Amendments to fees that would require the consumer to make payments beyond the agreed fee for the principal service;
Amendments equivalent to entering into a new contract; or
Amendments that would materially shift the previously agreed balance between performance and consideration in Fanity’s favor.
9.3.4 If Fanity relies on the deemed-consent mechanism, you may terminate the contract affected by the amendment without notice and at no cost before the proposed effective date of the amendments. Fanity will specifically draw your attention to this termination right in the amendment offer.
10. Governing Law and Consumer Dispute Resolution
10.1 These Terms of Use and the contractual relationship between you and Fanity are governed by the laws of the Federal Republic of Germany. The German conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
10.2 If you have no general place of jurisdiction in the Federal Republic of Germany, or if you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive — also international — place of jurisdiction for all disputes arising out of or in connection with these Terms of Use and the contractual relationship between you and Fanity shall be Stuttgart, Germany; however, you may also be sued at your general place of jurisdiction. Mandatory statutory provisions, in particular those providing for exclusive jurisdictions, remain unaffected.
10.3 The European Commission provides a platform for online dispute resolution (ODR): Online-Streitbeilegung | Europäische Kommission (europa.eu). We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.