Terms and Conditions

DEFINITION OF TERMS:

App: all and any applications or systems used to provide you the Service.

Commissions: “Fees” are the fees payable by the “User” under this “Service”.

Intellectual Property means: (a) copyright; (b) all rights conferred under statute, common, civil law or equity in relation to inventions (including patents) (c) registered and unregistered trademarks; (d) registered and unregistered designs; (e) product imagery; (f) confidential information; (g) product descriptions, graphics and code; and (h) all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

Item: means an item being leased/rented or bought/sold from a Lender to a Renter or Buyer to a Seller under these Services.

Item Problem: means a material problem or issue with an item leased, rented, bought or sold from a Lender to a Renter or Buyer to a Seller under these Services including but not limited to the Lender cancelling a rental shortly before it is due to start, late reception of the item due to shipping, the Lender not allowing the Renter to use the Item as intended or the Lender failing to describe the condition and characteristics of the Item correctly.

Fainin: refers to “Fainin”, and the terms “we”, “us” , “our” which is the party providing the “Product” , “App” , “Application”, “Website” and “Services” to the “User”..

Products: all “Services”, “Products” and “Online Services” we provide our “Users".

Services: all activities on Fainin’s “Apps”, “Websites” and any other products or services we provide our “Users”.

Terms: “Fainin terms and conditions”, “T&C’s”, “Privacy Policy” and all Terms relating to the “Services.”

Users: Refers to “Renters”, “Lenders / Owners”, “Buyers”, “Sellers”, “you”, “your”, “Client”, “Business”, “Member” and any person who has access to the Fainin Service either as a guest or through an account.

Website: “website”, “site”, “Applications” and all websites used in relation to the “Services.”

Community: Refers to the group function of fainin. These include public communities, which any user can join, as well as exclusive communities, where entry is defined by specific criteria. Exclusive communities are created by us on behalf of clients. Special terms of use may apply for members of exclusive communities, which are also mentioned in these General Terms and Conditions.

Client: Also referred to as "Clients," denotes the commissioner of an exclusive fainin community. Commissioners of an exclusive community are subject to a separate framework agreement in addition to these General Terms and Conditions, which is concluded between fainin and the client.

1. BY USING THESE SERVICES PROVIDED BY US FAININ THROUGH OUR APP OR WEBSITE you the User unconditionally and irrevocably agreed to and are bound by these Fainin Terms and Conditions Terms. The User’s general terms and conditions are hereby expressly excluded.
2. If you are a user of an exclusive community, different agreements to the General Terms and Conditions can be made. You are obliged to independently inquire about these special conditions from the owner of the community. The owner has the duty to provide you with the conditions in a timely manner. Special conditions for users of the community can only be agreed upon as equivalent to or more favorable than our General Terms and Conditions.
3. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE APP OR WEBSITe, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO ALL THE TERMS OF OUR TERMS OF SERVICE. THERE ARE ASSOCIATED RISKS WITH USING SUCH SERVICES AND THE DISCLOSURE OF SENSITIVE INFORMATION. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS SERVICE NOW WITHOUT ANY CHARGE, COST OR COMMITMENT AND DO NOT ACCESS OR USE THE SERVICE.
4. USE OF THE SERVICES
   We provide a sharing economy platform to our Users. You will be providing personal information including geo-location data as a User either through an account or as a guest. By using this Product, Services, App and Website, you agree to the Terms of these Fainin terms and conditions. You acknowledge that we may edit or delete your registration or account if it does not adhere to the Fainin terms and conditions. As part of these Services we may record and use part of your personal information and registration information to provide a high standard of Service. For more information please refer to our Privacy Policy.
5. ELIGIBILITY AND REGISTRATION
   To be eligible for registration and use of the Products, Services, App and Website you must:
   5.1 Be at least eighteen (18) years old or have the consent of a legal guardian, or be a legal entity (company, authority, business owner, etc.);
   5.2 only register for the Products, Services, App and Website for the intended purpose of these Services;
   5.3 only register for the Products, Services, App and Website legally pursuant to your state or country.
6. RESPONSIBILITY FOR MINORS
   In cases where you have authorized a minor to use these Services you recognize that you are fully responsible for:
   6.1 the online conduct of such minor;
   6.2 controlling the minor’s access to and use of the Service; and
   6.3 the consequences of any misuse by the minor. You acknowledge that some of the areas of the Service, App and Website may contain material that is inappropriate for minors.
7. REGISTRATION, ACCOUNTS AND LOGIN
   7.1 Users can log in to the Website and Services via:
   7.1.1 Fainin Account;
   7.1.2 Login through Apple;
   7.1.3 Login through Google;
   7.2. Fainin Account registration is free of charge.
8. CONFIDENTIAL INFORMATION
   You may be given a unique Username and password to access the Website and APP under your login. It is your responsibility only to ensure these details are kept confidential, safe and secure. No further personal information is recorded on the Website as specific task and arrangement details occur between us and you. These details may include registration information and personal information. For more info on information storage see “Privacy Policy” on our Website.
9. USER RESPONSIBILITIES
   9.1 We will aim to provide the App, Website and Services as accurately and up to date as possible. By using these Services, you the User irrevocably and unconditionally agree to not act in a way that may constitute:
   9.1.1 Illegal activities;
   9.1.2 Breach of any applicable laws;
   9.1.3 Violation of these Terms;
   9.1.4 Accessing the Services via systems automation such as spambots or similar;
   9.1.5 Any such spam activities;
   9.1.6 Registering multiple accounts per one User;
   9.1.7 Using the App or Website in a way that could cause harm to others;
   9.1.8 Posts mit volksverhetzenden, bedrohlichen oder gewalttätigen Bewertungen;
   9.1.9 Hacking or accessing the App or Website other than methods listed in these Terms.
   9.2. Fainin allows its users the upload of products, requests, texts, images and other contents. The upload of content which infringes existing laws, these terms or the rights of a third party in any way is prohibited. In particular, it is forbidden to upload or post contents,
   9.2.1 that violate copyright, trademark and competition law regulations;
   9.2.2 that violate youth protection regulations,
   9.2.3 which contain calls for crimes or monetary donations,
   9.2.4 which are insulting, abusive, discriminatory, racist or National Socialist in nature,
   9.2.5 that contain pornography or prostitution,
   9.2.6 containing alcohol, tobacco products or drugs within the meaning of the German narcotics law, as well as corresponding accessories,
   9.2.7 contain media marked “No youth release”, “Approval from 18”, “FSK 18”, “USK 18” or similar media,
   9.2.8 which could be of a nature that glorifies violence or is disturbing for other users.
   9.3 We reserve the right to suspend or terminate this agreement at our sole discretion if these Terms are violated. Users are advised to trade through the Fainin App or Website and not go direct to other Users, especially if initially established contact through the App or Website. Failure to do so results in a loss of the provided insurance coverage, support and other services.
10. FEEDBACK POLICY
    10.1 Our Services included a feedback review section. These reviews are useful for other potential Users and Users. We aim to provide this service complementary for all Users and request you assist in following the below terms.
    10.2 Terms of feedback include but are not limited to:
    10.2.1 Do not leave duplicate reviews;
    10.2.2 Do not post outside or irrelevant links in reviews;
    10.2.3 Do not use the review for self-promotion;
    10.2.4 Do not leave personal information or details;
    10.2.5 Do not leave hateful, harmful or hurtful reviews;
    10.2.6 Do not leave insulting reviews;
    10.2.7 Do not misspell products where possible; and
    10.2.8 Do leave sufficient details and honest review information.
    10.3. We reserve the right to:
    10.3.1 Edit or delete reviews as necessary;
    10.3.2 Request further information or proof;
    10.3.3 Verify if the User has actually used the product; and
    10.3.4 Suspend or delete a User account for breach of any of these Terms;
11. RENTING AND LENDING AN ITEM
    11.1 A request to rent an item is made from the Renter to the Lender. If the request is accepted, the renter can identify and complete the payment. The payment is then transferred to the Stripe Connect account of the Lender. The Renter and Lender then decide whether to personally hand in the item or ship it. In case of shipping, the Renter acknowledges that it could take up to 3 working days for an item to be received by mail. The Renter receiving the item indicates in the App or Website when the item is received, if the Renter does not indicate within 4 working days that the item has been received, the item will automatically be marked as received. When the handover is confirmed and the rental start date is passed, after an approriate amount of time, the payout from the Stripe Connect account of the Lender is initialised.
    11.2 In the event that both the Renter and the Lender decide to transmit the item via shipping, the party responsible for sending the item is obligated to insure the the shipment for at least the original purchase price of the article. Should a Renter fail to fulfill obligation, and the item is damaged or lost during transit, the Renter shall be required to reimburse the Lender for the shortfall in relation to the original purchase price. Conversely, if a Lender fails to meet this obligation, they shall be personally liable for any resulting damages or losses to their item.
    
12. Prices and Servicefees
    12.1 The price of a rental on Fainin consists of multiple parts. First the rental price of the item, a service fee and optional shipping costs. The rental price of an item is set by its owner. For longer rentals we keep the right to offer discounts to renters and also to adjust the height of these discounts. Additional to the rental price of the item, the renter will be charged a service fee of 15% of the items rental price. If a chargeable shipping option has been chosen, the charge will also be due with the booking. After a successful reception of the item as mentioned in 10. we will initiate the payout from the Stripe Connect account to the bank account of the owner. Before the payout, the Stripe Connect account balance will be deducted by any due servicefees. The servicefee of the renter and owner already contain the costs for our insurance as mentioned in 29. We reserve the right to adjust the height and distribution of our servicefee. Should payments for rentals on fainin be done in any other way as offered by Fainin on our website and app, any benefits or rights offered by Fainin in these terms will be void, especially benefits from our insurance.
    12.2 For members of exclusive communities, different prices and service fees may apply. These are agreed upon individually with the clients and documented in the framework agreement
13. PAYMENT AND RETURN POLICY
    13.1 Payment processing services for Services provided on Fainin are provided by Stripe and are hence subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Renter or Lender on Fainin, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Fainin enabling payment processing services through Stripe, you agree to provide Fainin accurate and complete information about you and your business, and you authorize Fainin to share it and transaction information related to your use of the payment processing services provided by Stripe.
    13.2 If delivery method is mail shipment and If previously agreed, a grace period can be determined between the Renter and Lender. Fainin takes no responsibility for insurance coverage or payment outside the initially agreed on rental period unless extended within the app and service charges are applied. Fainin takes no responsibility for insurance coverage while in transit with a shipping company. If an item is shipped your data will need to be shared with the shipping company. If an item is returned after that period, we have the right to charge a higher rental price, for the duration the item was unavailable to the Lender. The exact amount of the increased rental price will be defined by fainin considering the given situation of the late return. In particular the circumstances which caused the late return and existing discounts for longer rentals. 13.3 For late returns by renters and owners in exclusive communities, fees are calculated in consultation with the clients.
14. REFUND AND CANCELLATION POLICY
    14.1 If a Renter encounters an Item Problem as defined above, we may at our own sole discretion take the following actions. All determinations with respect to refunds shall be final and binding on the Renter and Lender. We may:
    14.1.1 Reimburse the Renter up to the amount paid to you through the Services;
    14.1.2 Find and book the Renter an alternative item for the remaining duration of your share; or
    14.1.3 Find another remedy in the reasonable discretion of Fainin.
    14.2 Lenders may cancel confirmed bookings made through the Services up to 24h before the rental begins and receive a full refund in a reasonable time after the cancellation. For cancellations within 24h before the rental is supposed to start, we reserve the right to keep up to 50% of the rental price
    14.3 Renters can cancel an item before the rental is confirmed by the Lender. Fainin will cancel any pre-authorization to the Renters chosen payment method. If Renters wish to cancel a rental after confirmation but before use, the Lender listing might include any specific cancellation requirements the Renter would need to adhere to, if no cancellation requirements are present, it is the sole responsibility of both the Lender and Renter to accept and agree to cancel the rental agreement and contact Fainin for Support. Fainin’s ability to refund any Lender Fees will depend on the terms of the applicable cancellation policy of the Listing or on the agreement reached by the Lender and the Renter and after consulting and confirming with Fainin support. The Fainin Fee is not refundable to the Renter regardless of the cancellation policy provided by the Lender.
15. PEER TO PEER RENTAL RESPONSIBILITIES
    The Fainin Service is that of an intermediary or “middleman” merely connecting individuals. Beyond the insurance coverage we provide as part of these Services we do not and cannot guarantee the performance of these Services or take responsibility for Users. All Users have the responsibility to act and perform within these Terms and cooperate at all times. This includes following insurance coverage procedures and rental extension procedures. Lenders are to list items honestly and accurately with recent photos and videos where possible. Full cooperation and communication should occur between Users. Only use and handle Items as they have been intended and respect all Items being lent. Renter are responsible to check and document the item's condition when receiving it. If the documentation is not completed it is to be assumed that the item is fully functional and in good condition. All items are to be returned on the conditions set by the Lender and in the exact same condition. Where the Lender and Renter are both individuals the relationship is that of a peer to peer agreement. Income taxes may also be applicable and it is the Renter’s responsibility to ensure all taxes and duties are legally paid and correct.
16. BUSINESS TO CUSTOMER RENTAL RESPONSIBILITIES
    The Fainin Service is that of an intermediary or “middleman” merely connecting individuals and businesses. Beyond the insurance coverage we provide as part of these Services we do not and cannot guarantee the performance of these Services or take responsibility for Users. All businesses have the responsibility to act and perform within these Terms and cooperate at all times. This includes following insurance coverage procedures and rental extension procedures. Businesses are to list items honestly and accurately with recent photos and videos where possible. Full cooperation and communication should occur between Businesses and Users. Only use and handle Items as they have been intended and respect all Items being lent. Renter are responsible to check and document the item's condition when receiving it. If the documentation is not completed it is to be assumed that the item is fully functional and in good condition. All items are to be returned on the conditions set by the Lender and in the exact same condition. Where the Lender is a business and the Renter is an individual the relationship is that of a business to customer agreement.
17. BUSINESS TO BUSINESS RENTAL RESPONSIBILITIES
    The Fainin Service is that of an intermediary or “middleman” merely connecting businesses and other businesses. Beyond the insurance coverage we provide as part of these Services we do not and cannot guarantee the performance of these Services or take responsibility for Users. All Businesses have the responsibility to act and perform within these Terms and corporate at all times. This includes insurance coverage procedures, rental extension and cancellation procedures. Businesses are to list items honestly and accurately with recent photos and videos where possible. Full cooperation and communication should occur occur between Businesses. Only use and handle Items as they have been intended and respect all Items lent. Renter are responsible to check and document the item's condition when receiving it. If the documentation is not completed it is to be assumed that the item is fully functional and in good condition. All items are to be returned on the conditions set by the Lender and in the exact same condition. Where the Lender and Renter are both business the relationship is that of a business to business agreement.
18. RENT TO BUY POLICY
    18.1 The Fainin Service may in some cases offer Users a rent to buy option.
    This may be in the form of peer to peer, business to consumer or business to business. Also known as try before your buy; an option may be agreed between the prospective Buyer and Seller to allow the rented item to be bought at the end of the rental period. The Insurance coverage under these Services only covers the rental period but long-term insurance coverage may be offered through our partner providers on enquiry.
    18.2 The condition of the item is that of the condition it is handed over from the Seller to the Buyer. You may be offered a warranty from a User when buying an item. This may include a warranty cost and a warranty period as well as inclusion and exclusions. It is the Buyer’s responsibility to adhere to any warranty terms to maintain a valid and claimable warranty. The specific terms of your warranty will be presented to the Buyer from the Seller at the point of purchase directly between the Buyer and Seller.
    18.3 There may be additional taxes including but not limited to VAT when purchasing an item. It is the Seller’s responsibility to ensure all taxes and duties are legally paid and correct.
    18.4 Insurance coverage under the App and Services are only applicable to rental periods. Once an item is bought it is the Buyer’s responsibility to arrange insurance coverage for the item.
19. FAININ RESPONSIBILITIES
    It is our responsibility to provide the Products, Services, App and Website in good working order for the purposes of User purchases. We cannot take any responsibility for any loss, damage or consequential losses arising from using these Services, except if they are caused through willful or grossly negligent behavior from Fainin’s side. We will aim to provide the Products, Services, App and Website compatible with most browsers, interfaces and website themes. However, this may not always be possible on every reader and every version.
20. LIMITATIONS OF USE
    We are under no obligation to guarantee the products under these Terms except as stated in the Refund Policy, as long as there has been no willful or grossly negligent behavior from Fainin’s side. You agree to follow the Terms within this agreement.
21. THIRD PARTY RIGHTS
    The App may contain hyperlinks, banner ads and content directing Users to other sites other than this App or Website. This content is only provided as additional to the Services and as such does not imply a relationship, affiliation or sponsorship to a third party. We cannot control cookies and banner adverts appearing on your browser and take no responsibility for their content.
22. INTELLECTUAL PROPERTY
    22.1 We retain the ownership of all Intellectual Property rights in and to the Services, App or Website. This includes the business name Fainin and the tag line Fainin. All content that is contained within these Services are licensed to Fainin and includes all areas as defined above. We grant you a limited, revocable, personal, non- transferable, non-exclusive license to use the App and Website or Services for User purposes in line with applicable laws and to print or electronically copy order summaries for the sole purpose of placing an order or for personal records for an order that has been placed with Fainin. Permission to use, distribute, or reproduce any content from Fainin for commercial purposes is strictly prohibited unless authorised by Fainin.
    22.2 You retain the ownership of all Intellectual Property rights of any content or information you submit to the Service. Nothing in these Terms transfer the Intellectual Property Rights to the Services, App or Website. You grant us a royalty- free, sub-licensable, transferable, irrevocable and perpetual licence to use, any contributions you make to the App or Website in connection with our operation of the Services. 23.3 For clients of exclusive communities, different conditions apply for the granting of usage rights in the lower part of the General Terms and Conditions. Additionally, further conditions can be established in the framework agreement.
23. INTELLECTUAL PROPERTY OF THIRD PARTIES
    Banner ads, click ads and other promotional material used in these Services may belong to third parties. As such these Terms and use of these Services do not grant you license or right to use such content. It does not imply an intellectual property rights to you. If you see a breach of intellectual property you can report it to us at contact@fainin.com.
24. PROFESSIONAL INFORMATION DISCLAIMER
    We may make certain information available provided by third parties relating to these Services including but not limited to insurance providers. This information is provided as a guide and as entertainment purposes only and should not be interpreted as a recommendation. Use of these Services does not replace consultations with professionals. As information is constantly updated some information may be out of date from time to time. You agree that all risk associated with the use of, or reliance on, any of the information rests with you. Further you agree that we and our suppliers shall not be liable directly or indirectly in any way for any loss or damage of any kind as a result of your use of these Services, as long as there has been no willful or grossly negligent behavior from Fainin’s side.
25. MUTUAL NO EXCLUSIVITY
    These Terms do not create an exclusive relationship between the parties. We are free to engage other Users and to advertise of the same or similar nature to those provided by you, and you shall be entitled to engage Services of others.
26. CHANGES AND VARIATIONS
    We may change, suspend or discontinue any part of the Services at any time at our sole discretion. We may revise, change or modify these Terms at any time by making updated Terms available through the App and Website. Before these updated Terms come into effect, you will be notified about the changes through an E-Mail. If you do not agree with the updated Terms, you can terminate this contract at any time and without cost. This information will also be provided in the stated E-Mail. By not terminating the updated Terms, before they come into effect, continued use of the Services will be deemed acceptance of the updated Fainin terms and conditions.
27. TERMINATION AND BREACH OF TERMS
    We reserve the right to decline, suspend or terminate your User registration and use of the Services, or cease the Services in its entirety, at any time for a variety of reasons, including a breach of law, a breach of the rights of a third party or for a breach of these Terms by you or to protect users from fraud or for our own business reasons. If this occurs you will no longer be able to access some or all of the Services, as determined by us.
28. LIABILITY
    28.1 You must not use the App and Website or Services for any purpose not permitted or contemplated by these Terms (or otherwise not authorised by us), or which is unlawful.
    28.2 To the extent permitted by law:
    28.2.1 you are responsible for your access to and use of the App and Website, including for other people’s use of the Service using your User name, password and/or answers to security questions (with or without your permission) not limited to products and Services;
    28.2.2 we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the App and Website as long as there has been no willful or grossly negligent behavior from Fainin’s side;
    28.2.3 our liability for the use of the website as merely and intermediary is excluded and for any event the limit of liability is EUR 15,000.
29. INSURANCES AND LIABILITIES UNDER THESE SERVICES
    29.1 We provide insurance coverage as part of these Services. To be covered by our insurance coverage policy you must adhere to this insurance coverage procedure and have a domicile or seat within the European Union or European Economic Area. If an Item is damaged, it must be reported to us, as soon as possible. A report provided by Fainin must be filled and returned by the person who damaged the item which is typically the Renter. For more details regarding the insurance coverage, an insurance certificate and fact sheet are provided to you for download in our App and Website.
    29.2 If an item is stolen from the Renter, then the Renter must report it to us providing a police report as soon as possible. If an item is not returned by a Renter to a Lender, then the Lender must report it to us providing a police report as soon as possible. We reserve the right to claim under this insurance coverage procedure at our sole discretion. The maximum claim under this insurance coverage procedure is EUR 15,000. The insured is the personal legal liability of the Renter for bodily injury and / or property damage for which the Renter is claimed by the Lender or third party. Also, the insured is the personal legal liability of the Lender for bodily injury and or property damage for which the Lender is claimed by the Renter or third party. Regardless of the claim type, all claims must be made within 48 hours after the rental period finishes. This insurance coverage procedure does not cover claims resulting from theft or the rental of motor vehicles, aircraft, watercraft and firearms.
30. CONTACT DISCLAIMER
    We may need to contact you based on the information that you provide us when placing an order. If we are unable to contact you or the information that you provide us is incorrect, we reserve the right to cancel the order. Fainin will not distribute, sell, or share your information and only uses it in relation to internal affairs. Please see the Privacy Policy page for additional clarification.
31. COMPLAINTS AND DISPUTES
    If you have any concerns or complaints regarding the Services, please report it to contact@fainin.com. We hope that we will be able to resolve any complaints you may have without needing to involve third parties.
32. PRIVACY
    We take privacy seriously. Our Privacy Policy explains how we adhere to the EU General Data Protection Regulation 2018. Our Privacy Policy explains how we may use and disclose that information. In particular, we will use your personal information for the purposes of supplying the Services and the other purposes set out in the statement.
33. RELEASE AND INDEMNITY
    In consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the App you understand our liability is excluded as far as an intermediary and any other liabilities are capped to EUR 15,0000, as long as there has been no willful or grossly negligent behavior from Fainin’s side.
34. DISCLAIMER
    34.1 We will provide the App, Website or Services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the App, Website or Services will be provided without fault or disruption.
    34.2 To the fullest extent permitted at law, except as expressed to the contrary these Terms and beyond the insurance coverage we provide, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the App, Website or Services including, but not limited to, loss or damage you might suffer as a result of:
    34.2.1 Falsche Produktbeschreibungen von anderen Händlern;
    34.2.2 Fehler, Irrtümer oder Ungenauigkeiten ins unseren Diensten, der App oder der Website;
    34.2.3 Unbefugter Zugriff oder Nutzung unserer sicheren Informationen, die auf der Google Cloud Platform gespeichert sind;
    34.2.4 Alle Bugs, Viren oder anderen schädlichen Codes oder Nachrichten, die von Dritten an oder durch unsere App, Website oder Dienste übertragen werden könnten, es sei denn diese wurde durch vorsätzliches oder grob fahrlässiges Handeln seitens Fainin ermöglicht;
    34.2.5 Handlungen oder Unterlassungen Ihrerseits auf Grundlage von Informationen aus der App, der Website oder den Diensten (einschl. Verweise) oder verlinkten Apps oder Websites;
    34.2.6 Sach- oder Personenschäden jeder Art aus Ihrem Zugriff auf oder Ihre Nutzung der App, Website oder Dienste und alle Käufe über die App oder Website;
    34.2.7 any limitations stated in these Fainin terms and conditions;
    34.2.8 any interruption or cessation of transmission to or from our Services, App and Website; and/or
    34.2.9 failures or deficiencies in relation to the merchantability or fitness for any purpose of any Service appearing on any linked sites not operated by us or our related entities.
    34.3 As set out in these Terms, we do not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a third party at the App, Website or Services or any linked app, website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
    34.4 We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. All responsibility is to be considered in line with our insurance coverage policies stated in these Terms as an intermediary website and to a maximum of EUR 15,000. The only authorised access point is fainin.com, fainin.de, fainin.co.uk with no characters before or after and through our official Fainin application found in the Apple app store and Google play.
    34.5 It is important that you determine prior to purchase, whether a Service is suitable for you.
35. GENERAL
    35.1 Entire agreement: These Fainin terms and conditions comprise the entire agreement between you and us in relation to your access to and use of the App, Website and Services.
    35.2 Applicable law: The provision of the Services and these Terms, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Services and these Terms, are governed by the laws of Germany, and we and you each submit to the exclusive jurisdiction of the Court, in which district the User, at the time of filing the lawsuit, has his residence or in case of lacking such, his habitual residence.
    35.3 Severability: If any of these Terms are invalid, unenforceable or illegal, the remaining Terms will continue to apply.
    35.4 Assignment: You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms, and to the extent necessary you hereby consent to such novation, assignment or transfer.
    35.5 Waiver: No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.
    35.6 Apple Terms: If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
    
36. SUPPORT AND WHO ARE WE?
    We are a general trading company located in Germany with the following contact details:
    Fainin GmbH
    Mühlenkamp 4 – 22303, Hamburg, Germany
    E-Mail: contact@fainin.com
    Managing Director: Maximilian Lehmann
    USt-ID: DE314777699
    Commercial Register: HRB 167 347
    Amtsgericht Hamburg

1. Framework Agreement
   A separate framework agreement details these additional conditions between Fainin and the client. If the framework agreement contains terms that deviate from the General Terms and Conditions, these terns take precedence.
2. Prices and Conditions
   The specific prices and conditions for membership in exclusive communities are individually set in the framework agreement. This may include different prices for commissions and service fees. If the framework agreement lacks specific information, the prices listed in the General Terms and Conditions apply.
   In the event of non-payment of due fees by the client, Fainin notifies the client within 30 days of the payment delay. The client has 14 days from the date of notification to pay the outstanding amounts. If payment is not made, Fainin reserves the right to temporarily suspend or permanently close the exclusive community. During a temporary suspension, due fees continue to accrue until fully paid.
3. Termination Conditions
   If no specific termination conditions or durations are defined in the framework agreement, the standard duration for a subscription of an exclusive community is 12 months with a notice period of three months before the end of this period. Without termination, the subscription automatically extends for another 12 months.
4. Special Right of Termination
   A special right of termination is established for the following cases:
   - Business closure,
   - Insolvency
5. Liability
   Fainin's liability to the client is only possible if damages are caused by gross negligence or intentional action.
6. Uptime Guarantee
   Fainin commits to an uptime of 98% on an annual basis for the sharing platform. This includes the continuous and uninterrupted availability of the platform for users. If the platform has an uptime of less than 98% in a calendar year, clients are entitled to a proportional refund of the fees paid during this period. Excluded from this guarantee are periods of scheduled maintenance, which will be announced to users at least 48 hours in advance, and downtime due to force majeure or third-party actions.
7. Information Duty of Contracting Parties
   Contracting parties are obliged to inform the members of their exclusive communities about any differing conditions set in the framework agreement.
8. Conflict Resolution
   In case of conflicts or violations, both parties commit to seeking an out-of-court solution first and to refrain from issuing warnings. The legal/attorney route is open to both parties as soon as no agreement is apparent or if a law prescribes this path.
9. Granting of Usage Rights
   For the creation and marketing of the community, Fainin GmbH requires usage rights for the company logo (or equivalent) and texts, which must be provided by the client. Optionally, the client may also provide additional images, videos, or audio materials. The client grants usage rights exclusively for this purpose. Marketing takes place within the community. In addition, Fainin GmbH has the right, but not the obligation, to feature the client as a reference customer in its external communication. Fainin GmbH grants the client usage rights for the logo and image materials for all advertising purposes and communication purposes aimed at demonstrating that such a community is available to the client's employees. If either party wishes to use these materials for other purposes, written consent is Both sides are prohibited from using these usage rights for negative communication.