Terms and Conditions

The German version of these terms is legally binding. This English translation is provided for informational purposes only.

§ 1 Scope and Applicability

These General Terms and Conditions ("Terms") govern all use of the FairSync re-licensing portal ("Portal") operated by Stington & Partner Legal GmbH ("Provider"), Sinserstrasse 67, c/o Nerox Holding GmbH, 6330 Cham ZG, Switzerland.

By accessing the Portal and submitting a Declaration of Consent, the User accepts these Terms in their entirety. Any deviating, conflicting, or supplementary terms of the User shall not apply, even if the Provider does not expressly object to them.

The German-language version of these Terms is the legally binding version. Any English translation is provided for informational purposes only and has no legal force.

§ 2 Definitions

• "Portal" — the FairSync web application for the settlement of copyright infringement claims through re-licensing.
• "User" — the natural or legal person who received a copyright infringement notice (Abmahnung) and uses the Portal to settle the claim.
• "Re-Licensing" — the retroactive grant of a simple, non-exclusive license for the use of copyrighted material as identified in the User's case.
• "Re-Licensing Agreement" — the binding contract formed between the rights holder (represented by the Provider) and the User pursuant to § 3 of these Terms.
• "Provider" — Stington & Partner Legal GmbH, acting on behalf of the respective rights holder.

§ 3 Contract Formation

The presentation of case details and re-licensing terms on the Portal constitutes an invitation to treat (invitatio ad offerendum) and does not constitute a binding offer.

By clicking "Submit Declaration of Consent" and completing the payment process (full payment or first installment), the User makes a binding offer to conclude a Re-Licensing Agreement under the terms displayed.

The Re-Licensing Agreement is formed upon successful receipt of the first payment (full amount or first installment). The User receives confirmation via email to the address provided.

The User acknowledges that the Re-Licensing Agreement concerns the settlement of a copyright infringement claim and constitutes an acknowledgment of the underlying claim.

§ 4 Subject Matter — Re-Licensing

The subject matter of the Re-Licensing Agreement is the retroactive grant of a simple (non-exclusive) license for the copyrighted work identified in the User's case details.

The license covers the period and scope as specified in the case details displayed on the Portal. The license is limited to the specific use that was the subject of the infringement notice.

The license does not grant the User any rights for future use of the copyrighted work beyond the scope and period specified. Any further use requires a separate license agreement.

§ 5 Payment Obligation

The User is obligated to pay the full re-licensing fee as displayed on the Portal at the time of the Declaration of Consent.

Payment may be made in full (one-time payment) or pursuant to one of the installment plans offered (3, 6, or 12 monthly installments) as selected by the User at checkout.

All amounts displayed on the Portal are net amounts. Applicable value-added tax (VAT) is calculated and added at checkout based on the User's billing address and applicable tax regulations.

§ 6 Installment Plans

The Provider offers interest-free installment plans of 3, 6, or 12 monthly payments. No interest, surcharges, or financing fees are charged on the installment amount.

Installments are of equal monthly amounts. The total amount is divided evenly across the selected number of installments, with any rounding difference applied to the final installment.

The installment schedule constitutes a binding payment obligation. Each installment is due on the same calendar day of each subsequent month following the first payment. The selection of the installment plan is final and cannot be changed after contract formation.

For credit card payments: each installment is charged automatically to the stored payment method on the due date. For bank transfers: the User must transfer each installment amount by the due date using the payment reference provided.

A payment reminder with invoice details will be sent to the User's email address approximately 7 days before each installment due date.

§ 7 Acceleration Clause

If the User fails to pay any installment in full by its due date, the entire remaining balance of all outstanding installments becomes immediately due and payable in full (acceleration of the total remaining amount).

The Provider shall notify the User of the acceleration via email to the address provided during checkout. The notification shall specify the total amount due and a final deadline for payment.

This acceleration right is without prejudice to the Provider's additional rights under § 8 (Payment Default and Legal Escalation).

§ 8 Payment Default and Legal Escalation

The User is in default if any payment — whether the full amount or any individual installment — is not received in full by its due date. A separate reminder is not required to establish default under these Terms, though reminders will be sent as a courtesy.

Upon payment default, the Provider reserves the unilateral right to refer the entire case to a lawyer or debt collection agency for further legal action, including but not limited to judicial debt collection and enforcement proceedings.

In the event of legal escalation, the User bears all additional costs arising from the collection and/or legal proceedings, including but not limited to: attorney fees, court costs, enforcement costs, debt collection agency fees, and any other costs reasonably incurred in the recovery of the outstanding amount.

The Provider follows the following reminder sequence before legal escalation: (1) first reminder after the due date has passed; (2) second reminder with express warning of legal escalation and cost consequences; (3) referral to legal counsel. The Provider reserves the right to shorten or skip this sequence in cases of repeated default or evasion.

Default interest accrues on any unpaid amount from the due date at the rate of 5% per annum (Art. 104 OR, Swiss Code of Obligations). For Users subject to German consumer protection law, the statutory default interest rate of 5 percentage points above the base rate (§ 288 para. 1 BGB) applies instead.

§ 9 Exclusion of the Right of Withdrawal

The Re-Licensing Agreement concerns an individually tailored digital service — specifically, a retroactive copyright license generated for the User's specific infringement case. The license cannot be returned or reversed once granted.

For Users in the European Union or European Economic Area: Pursuant to § 356 para. 5 BGB in conjunction with § 312g para. 2 no. 1 BGB (or equivalent provisions under the applicable national consumer protection law), the statutory right of withdrawal is excluded for contracts for the supply of digital content not on a tangible medium, provided the consumer has expressly consented to the commencement of performance and acknowledged the loss of the right of withdrawal.

By checking the corresponding checkbox during the consent process, the User expressly: (a) consents to the immediate commencement of the re-licensing service, and (b) acknowledges that the right of withdrawal is thereby lost.

For Users in Switzerland: Swiss law does not provide a statutory right of withdrawal for contracts concluded online. This section applies for the avoidance of doubt.

§ 10 Credit Card Processing Fees

If the User selects credit card as the payment method, a processing fee of 3% of the net transaction amount is added to each payment. This fee is displayed transparently before the User completes the payment.

This fee covers the actual payment processing costs charged by the payment service provider and is not a profit margin of the Provider.

Bank transfer payments do not incur any additional processing fees.

§ 11 Value-Added Tax (VAT)

All amounts displayed on the Portal are net amounts exclusive of VAT. The applicable VAT rate is determined at checkout based on the User's billing address, country of residence, and the applicable tax regulations.

Business customers within the EU who provide a valid VAT identification number may be eligible for the reverse charge mechanism, in which case VAT is not charged by the Provider.

Invoices are issued electronically after receipt of payment and sent to the email address provided by the User during checkout.

§ 12 Data Processing

The processing of personal data in connection with the use of the Portal is governed by the Provider's Privacy Policy, available at the Portal under "Privacy Policy."

Payment processing is handled by Stripe, Inc. (and its European subsidiary, Stripe Payments Europe, Ltd.) as payment service provider. Payment information is transmitted directly to Stripe and is not stored on the Provider's servers.

By accepting these Terms, the User acknowledges having read and understood the Privacy Policy.

§ 13 Liability

The Provider is liable without limitation for damages caused intentionally or through gross negligence, as well as for injury to life, body, or health.

For slight negligence, the Provider is liable only in the event of a breach of material contractual obligations (cardinal obligations), and such liability is limited to the foreseeable, typically occurring damage.

Liability for loss of data is limited to the typical restoration costs that would have arisen had the User maintained proper and regular data backups.

The above limitations of liability do not apply to claims under mandatory statutory product liability provisions.

§ 14 Applicable Law and Jurisdiction

These Terms and all legal relationships between the Provider and the User are governed exclusively by the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-laws provisions.

Mandatory consumer protection provisions of the User's country of habitual residence that provide a higher level of protection remain unaffected in accordance with Article 6 para. 2 of the Rome I Regulation (EC) No 593/2008, to the extent applicable.

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Cham ZG, Switzerland, for merchants, legal entities under public law, and public-law special funds.

For consumers, the mandatory statutory provisions on jurisdiction in the consumer's country of habitual residence shall apply.

§ 15 Severability Clause

Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely achieves the economic purpose of the invalid provision. The same applies to any gaps in these Terms.

§ 16 Amendments

The Provider reserves the right to amend these Terms with reasonable advance notice. The User will be informed of any material changes.

Amendments do not apply retroactively to Re-Licensing Agreements already concluded. They apply only to future uses of the Portal and new contract formations.

§ 17 Contact

Stington & Partner Legal GmbH, Sinserstrasse 67, c/o Nerox Holding GmbH, 6330 Cham ZG, Switzerland. Email: contact@fairsync.org. Website: fairsync.org.