General Terms and Conditions of Fairbeat Media GmbH Last updated: 23 October 2026
Part A General Provisions
§ 1 Scope
(1) These General Terms and Conditions (“GTC”) apply to the use of the online platform at fairbeat.com, including associated applications (“Platform”), operated by Fairbeat Media GmbH, Mittelweg 144, 20148 Hamburg, Germany (“Fairbeat”).
(2) These GTC govern (a) the use of the Platform and the user account, (b) contracts for services that Fairbeat provides in its own name (Part C), and (c) the role of Fairbeat in relation to offers by Sellers (Part D).
(3) For Users who offer content as Sellers, the Seller Agreement applies in addition. The scope of a licence to Seller content is governed by the licence terms of the respective Seller.
(4) Deviating terms and conditions of Users do not apply, even if Fairbeat does not expressly object to them.
§ 2 Definitions
(1) “User” means any person who uses the Platform. “Buyer” means a User who acquires Fairbeat Services or Seller Offers. “Seller” means a User who offers beats or samples via the Platform. Sellers act either as Entrepreneurs (“business Sellers”) or as Consumers (“private Sellers”).
(2) “Fairbeat Services” means services that Fairbeat provides in its own name and for its own account, in particular subscriptions (§ 7), the sale of Credits (§ 8) and the Credit Services (§ 8(2)).
(3) “Seller Offers” means offers by Sellers of licences to beats (“Beat Licence”) and samples (“Sample Licence”).
(4) “Credits” means service units sold by Fairbeat in accordance with § 8. The “Credit Balance” is the number of available Credits recorded in the user account.
(5) “Consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 of the German Civil Code, BGB). “Entrepreneur” means a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or profession (§ 14 BGB).
§ 3 Role of Fairbeat
(1) Fairbeat operates an online marketplace on which Sellers offer licences to beats and samples. In addition, Fairbeat provides its own services under Part C.
(2) Contracts relating to Seller Offers are concluded exclusively between the Seller and the Buyer. Fairbeat is neither licensor nor vendor nor a party to these contracts. The fact that Fairbeat is treated as the supplier for VAT purposes in respect of Beat Licences and issues the invoice to the Buyer (§ 11(4)) does not change this. For this purpose, Fairbeat provides the technical infrastructure, in particular the display of offers, order processing, the transmission of declarations, the proof of licence and the download.
(3) Sellers list offers either as business Sellers or as private Sellers. The Seller selects this classification themselves when registering as a Seller. The Seller is responsible for its accuracy. On the basis of this declaration, Fairbeat states in the offer and in the ordering process whether the Seller acts as an Entrepreneur or as a private individual. If the Buyer is a Consumer and the Seller is a business Seller, the consumer protection provisions, including the statutory right of withdrawal, apply to contracts with the Seller for consideration, in particular for Beat Licences. The specific provisions for the protection of Consumers, in
particular the right of withdrawal and the provisions on consumer contracts for digital products, do not apply to contracts with private Sellers. This is pointed out in the offer and in the ordering process. For Sample Licences, for which the Buyer owes the Seller no remuneration (§ 12(2)), the right of withdrawal applies, irrespective of the Seller’s classification, to the purchase of Credits from Fairbeat (§ 18).
(4) Classification as an Entrepreneur is determined by the Seller’s actual conduct and not solely by their declaration. Fairbeat does not review the declaration without cause. If there are indications that the declaration is incorrect, Fairbeat may request evidence from the Seller, adjust the information in the offer or restrict the Seller’s offers until the matter has been clarified. Details are set out in the Seller Agreement.
(5) Towards the Buyer, the Seller is responsible for the offer, the licence terms, the rights to the content, liability for defects and, where the Seller is a business Seller, for consumer law obligations towards Consumers, including the instructions on withdrawal, also insofar as Fairbeat provides uniform instructions on withdrawal for this purpose under § 10(6). Fairbeat is responsible for the operation of the Platform and for Fairbeat Services.
(6) The main parameters determining the ranking of offers in search results and their relative weighting are described at help.fairbeat.com.
(7) Fairbeat does not review the content, offers or licence terms of Sellers for lawfulness in advance and does not provide legal advice. Fairbeat’s obligations under § 17 remain unaffected. Fairbeat does not provide Sellers with model licences or pre-drafted licence terms.
§ 4 Contact, Contract Text, Contract Language
(1) Customer service by e-mail at support@fairbeat.com, Monday to Friday from 9:00 a.m. to 4:00 p.m.
(2) Fairbeat stores the contract text of contracts for Fairbeat Services and sends it to the Buyer in text form together with the order confirmation. For Seller Offers, Fairbeat technically transmits the order confirmation and the Seller’s licence terms to the Buyer.
(3) The contract languages are German and English.
(4) The single point of contact for authorities under Art. 11 DSA and for users under Art. 12 DSA is support@fairbeat.com. Communication is possible in German and English.
Part B User Account and Conclusion of Contract
§ 5 User Account
(1) A user account is required to acquire Credits, subscriptions and Sample Licences. Beat Licences can also be acquired without a user account by placing a guest order. In this case, Fairbeat sends the order confirmation, proof of licence and download link to the e-mail address provided in the ordering process. Use as a Seller requires natural persons to have reached the age of 18 and to have full legal capacity. For minor Buyers, the statutory provisions on legal capacity apply (§§ 104 et seq. BGB). Accordingly, they generally require the consent of their legal representatives.
(2) Users provide truthful information and keep it up to date insofar as this is necessary for the performance of the contract. Access data must be kept confidential. If misuse is suspected, the User informs Fairbeat without undue delay.
(3) Use is only permitted via the user interfaces and technical interfaces provided by Fairbeat. Automated access, in particular by bots or crawlers, is prohibited.
(4) Termination of a subscription under § 7 does not affect the user account. The subscribed services remain usable until the end of the paid term. Users may also close their user account at any time via the “Delete account” function or in text form. Upon deletion, access to the user account ends immediately, and any ongoing subscriptions are deemed terminated with effect from the next possible date under § 7. Any existing Credit Balance and any remaining paid subscription term can no longer be used after deletion. To this extent, fees already paid
are not refunded. Before deletion, Fairbeat clearly points out these consequences and asks the User to confirm the deletion. Mandatory statutory rights, in particular the right of withdrawal, remain unaffected.
(5) Fairbeat may terminate the user account with ordinary notice of two weeks, but not earlier than the end of any ongoing paid Fairbeat Services. The right to extraordinary termination for good cause remains unaffected.
(6) The specific provisions of the Seller Agreement apply in addition to the restriction, suspension and termination of Seller functions.
(7) If a Credit Balance exists when Fairbeat terminates the user account with ordinary notice (para. 5), restricted access is maintained. Through this access, the User may use the remaining Credit Balance for Credit Services (§ 8(2)) and retrieve acquired licences. Restricted access ends when the Credit Balance has been consumed or has expired under
§ 8(3), or when the User deletes the user account under para. 4.
(8) Validly acquired licences continue to exist after termination of the user account in accordance with their licence terms. The User is responsible for saving downloads and proofs of licence before termination.
§ 6 Ordering Process and Conclusion of Contract
(1) The presentation of Fairbeat Services and Seller Offers on the Platform does not constitute a binding offer but an invitation to place an order.
(2) Before placing the order, the Buyer sees an overview showing the service, the contracting party (for Seller Offers, including whether the Seller acts as a business Seller or a private Seller), the price or the number of Credits to be applied, and the applicable terms. Until then, entries can be corrected or the ordering process cancelled at any time.
(3) Fairbeat Services: By clicking the “Order with obligation to pay” button, the Buyer submits a binding offer to Fairbeat. Fairbeat accepts it by sending an order confirmation in text form or by activating the service, whichever occurs first.
(4) Beat Licences: By clicking “Order with obligation to pay”, the Buyer submits a binding offer to the Seller to conclude the licence agreement. The Seller has authorised Fairbeat to accept this offer in the Seller’s name once the payment service provider has successfully confirmed the payment transaction. Fairbeat sends the acceptance to the Buyer electronically without undue delay. If the payment transaction is not confirmed without undue delay, the Buyer is bound by their offer until 24 hours have elapsed. If the payment transaction is not confirmed within this period, the Buyer is no longer bound by their offer.
(5) Sample Licences: By clicking the “Apply Credits and download” button, the Buyer submits an offer to the Seller to conclude the Sample Licence and an offer to Fairbeat for Sample Provision. Fairbeat accepts the licence offer in the Seller’s name on the basis of the Seller’s authorisation and the offer for Sample Provision in its own name, deducts the stated Credits and makes the download available.
Part C Fairbeat Services
§ 7 Subscriptions
(1) Fairbeat offers paid subscriptions for Platform features in its own name and for its own account. The contracting party and payee is exclusively Fairbeat. The scope of services and the price are set out in the respective offer.
(2) Subscriptions are offered with a monthly or annual term. The fee is payable in advance at the beginning of each term.
(3) After the initial term, the subscription is extended for an indefinite period unless it is terminated with one month’s notice to the end of the term. After the extension, it may be terminated at any time with one month’s notice.
(4) Free trial periods convert into a paid subscription unless terminated before the end of the trial period. When the subscription is concluded, Fairbeat points out the duration of the trial period, the price and the termination options.
(5) Termination is possible in text form or via the termination button in the user account. The right to extraordinary termination for good cause remains unaffected.
(6) Fairbeat announces price changes for ongoing subscriptions in text form at least six weeks before they take effect. They only take effect with the Buyer’s consent. If the Buyer does not consent, Fairbeat may terminate the subscription with effect from the date on which the change was to take effect.
(7) Termination of the subscription does not affect the Credit Balance or acquired licences.
§ 8 Credits
(1) Sale by Fairbeat: Fairbeat sells Credits in its own name and for its own account and acts as vendor towards the Buyer (“Merchant of Record”). The purchase price is paid to Fairbeat via Stripe. Sellers are not involved in the purchase of Credits and have no claim to the purchase price.
(2) Legal nature: Credits are vouchers exclusively for services that Fairbeat provides itself (“Credit Services”). Credit Services are the provision of access to samples on the Platform and their download (“Sample Provision”) as well as other Platform features of Fairbeat’s own, such as the cover generator and certain profile and feature functions. Before Credits are purchased and before each use, Fairbeat shows which services can be used with Credits and how many Credits each of them requires. Services of Sellers or other third parties cannot be used with Credits. Credits are not a means of payment, do not represent a monetary amount and do not establish a payment account.
(3) Credit Balance: Purchased Credits are added to the Credit Balance in the user account. No interest accrues. The Credits acquired first are always consumed first. Credits acquired against payment can be used until the end of the third calendar year following the year of acquisition. After that, they expire. Fairbeat points out the validity period at the time of purchase, displays it in the user account and reminds the User in good time before expiry.
(4) Use: When a Credit Service is used, for example a sample download, the number of Credits stated before use is deducted from the Credit Balance and thereby consumed. Credits are not transferred to Sellers or third parties in this process. No Seller and no third party accepts or applies Credits.
(5) No exchange for money: Credits cannot be exchanged for money, paid out or refunded. Mandatory statutory rights, in particular rights of withdrawal and statutory rights in respect of defects, remain unaffected.
(6) No transferability: Credits are not transferable, in particular not to other Users or user accounts, and may not be sold outside the Platform.
(7) No allocation to Sellers: When Credits are acquired, neither a Seller nor an amount to be paid to a Seller is determined. Sellers receive their own remuneration from Fairbeat on the basis of a separate agreement between Fairbeat and the Seller. This remuneration is not a forwarding of the purchase price.
(8) Termination and discontinuation: If the User deletes the user account, § 5(4) applies; if Fairbeat terminates with ordinary notice, § 5(7) applies. If Fairbeat discontinues Sample Provision altogether, or if the use of Credits becomes permanently impossible for legal or technical reasons, the Buyer’s claims in respect of unconsumed Credits are governed by the statutory provisions.
(9) Free Credits: Credits granted free of charge, for example from promotions, are subject to this section. When granting them, Fairbeat may specify a shorter validity period than under para. 3.
(10) Misuse: Fairbeat may block Credits obtained through legal violations or manipulation, or deduct them from the Credit Balance. § 15(2) applies to reversals.
§ 9 Promotional Vouchers
(1) Promotional vouchers are discount vouchers issued by Fairbeat free of charge as part of promotions. They are not Credits.
(2) They only apply to Fairbeat Services, on the terms communicated and within the stated period. They cannot be combined, are not transferable and can only be used before the order is completed.
(3) If the value of the voucher exceeds the price, the remaining amount is not paid out.
Part D Seller Offers
§ 10 General
(1) Seller Offers are governed by the licence terms of the respective Seller. They are displayed before the order is placed and determine the nature and scope of the rights granted. A Seller Offer is only published if the Seller has provided licence terms.
(2) When listing an offer, the Seller additionally provides structured information on the essential licence features, in particular exclusivity, permitted uses, usage limits and term. This information is displayed in the offer. If it conflicts with the licence terms, the provision more favourable to the Buyer applies. The use of content for training, fine-tuning or evaluating AI models is only permitted if the Seller has expressly enabled it in the offer as a licence feature or the licence terms expressly permit it. Fairbeat indicates in the offer whether this use is enabled.
(3) The Seller’s licence terms govern the rights and obligations between Seller and Buyer with regard to the use of the content. They cannot modify the provisions of these GTC on Credits, on Fairbeat Services or on the technical processing via the Platform. Credits are neither paid nor transferred to the Seller, even if licence terms state otherwise. Such statements are disregarded.
(4) The Buyer addresses claims under the licence agreement, in particular for defects of title or lack of rights, to the Seller. Fairbeat provides a means of contact for this purpose.
(5) The Seller has undertaken towards Fairbeat to be liable to each Buyer for ensuring that the Seller holds the rights granted and that use within the licensed scope does not infringe any third-party rights. Private Sellers are not liable for this if they are not responsible for the lack of rights. Under this undertaking, the Buyer acquires an independent claim against the Seller, irrespective of the content of the licence terms (§ 328 BGB).
(6) The business Seller provides their mandatory information as an Entrepreneur via the Platform. Fairbeat transmits this information technically. For Beat Licences of business Sellers, Fairbeat provides, in the Seller’s name, uniform instructions on withdrawal with a model withdrawal form and obtains the Buyer’s declarations under § 18(5) in the ordering process. The instructions on withdrawal do not form part of the licence terms. The Seller remains the contracting party; the withdrawal must be declared to the Seller. Fairbeat may receive declarations of withdrawal on behalf of the Seller.
(7) Private Sellers may appear in the offer under an artist name. Fairbeat discloses their full name and address to a Buyer who demonstrates that they need this information to assert claims under the licence agreement.
§ 11 Beat Licences
(1) The Buyer acquires the Beat Licence from the Seller at the price set by the Seller. The contract is concluded in accordance with § 6(4).
(2) Payment is made via PayPal. The Seller is the vendor, licensor and payee. On the Seller’s instruction, PayPal pays out the purchase price to the Seller’s connected PayPal account. If the Seller owes Fairbeat a VAT Adjustment Amount for the sale under the Seller Agreement, PayPal pays out this partial amount directly to Fairbeat on the Seller’s instruction. In the case of Collaborations, para. 6 also applies. Each of these payments discharges the Buyer’s payment obligation towards the Seller in the amount paid. The price for the Buyer does not
change as a result. Fairbeat does not accept any payments for Sellers or Collaborators, does not hold or forward any amounts for them and does not charge any commission.
(3) After acceptance, Fairbeat technically provides the proof of licence and the download for the Seller.
(4) Fairbeat issues the invoice for the purchase price to the Buyer in its own name, as Fairbeat is treated as the supplier for VAT purposes (§ 3(11a) of the German VAT Act, UStG). This concerns VAT invoicing only. The Seller remains the contracting party, licensor and vendor. The Seller is named to the Buyer as the contracting party before the order is placed (§ 6(2)). The Seller alone is responsible for the performance of the licence agreement, liability for defects and withdrawal. The order confirmation and the proof of licence identify the Seller as contracting party and licensor. Fairbeat does not acquire any payment claim against the Buyer from the invoice. Upon payment under para. 2, the purchase price is settled in full. If the purchase price is refunded or reversed, Fairbeat corrects the invoice. Fairbeat settles the Seller’s supply to Fairbeat by self-billed invoice in accordance with the Seller Agreement.
(5) After the sale of an exclusive licence, the Seller removes the offer from the market. Non- exclusive licences granted previously continue to exist unless the licence terms provide otherwise.
(6) In the case of beats in which several producers are involved (“Collaboration”), only the Seller who lists the offer is the contracting party, licensor and vendor towards the Buyer. That Seller ensures that the other participants (“Collaborators”) have granted them the necessary rights. Collaborators must be registered with Fairbeat and have agreed to the Seller Agreement. After deduction of any VAT Adjustment Amount under para. 2, PayPal splits the payment among the PayPal accounts of the participants according to the shares stored in the offer. Payment to the Collaborators is made on the Seller’s instruction and discharges the Buyer’s payment obligation towards the Seller in the amount of the respective share. The contractual relationship with the Buyer remains unaffected. Para. 4 applies to the invoice to the Buyer. In the name and on behalf of each Collaborator, Fairbeat issues a separate invoice for that Collaborator’s share to the listing Seller after each sale, in accordance with the Seller Agreement. Fairbeat does not accept the participants’ shares.
§ 12 Sample Licences
(1) The Seller sets the licence terms for their samples and grants the Sample Licence directly to the Buyer. Fairbeat is not the licensor. The contract is concluded in accordance with § 6(5).
(2) The Buyer owes the Seller no remuneration for the grant of the Sample Licence. The Credits used by the Buyer are applied exclusively in relation to Fairbeat for the Sample Provision performed by Fairbeat. The Seller accepts neither Credits nor any payment claim against the Buyer derived from Credits.
(3) The Sample Licence takes effect when the download is made available.
(4) The Seller receives remuneration from Fairbeat on the basis of Fairbeat’s own obligation. The Buyer does not owe the Seller this remuneration.
(5) The Buyer addresses claims for lack of rights to the sample to the Seller (§ 10(4)). The Buyer addresses claims for defects in the Sample Provision, such as a faulty download, to Fairbeat.
Part E Payment, Invoices, Refunds
§ 13 Payment Processing
(1) The contractual relationships and the consideration depend on the respective service. Service Contractual Consideration from the Recipient Payment relationship Buyer service provider Subscription Fairbeat ↔ Buyer Fee in EUR Fairbeat Stripe Credit purchase Fairbeat ↔ Buyer Purchase price in EUR Fairbeat Stripe
Service Contractual Consideration from the Recipient Payment relationship Buyer service provider Sample Provision Fairbeat ↔ Buyer Use of the Credits Fairbeat, no None and other Credit required for this payment of money Services Sample Licence Seller ↔ Buyer No remuneration from the None None Buyer to the Seller Beat Licence Seller ↔ Buyer Licence price in EUR Seller; for PayPal Collaborations under § 11(6); VAT Adjustment Amount to Fairbeat under § 11(2)
(2) For Fairbeat Services, the payment methods displayed in the ordering process are available, currently credit card, Apple Pay and Google Pay. Payment is charged upon completion of the order.
(3) The Buyer pays for Beat Licences via PayPal to the Seller with discharging effect. The split among Collaborators and any VAT Adjustment Amount to Fairbeat are governed by § 11(2) and (6).
(4) Additional terms of the respective payment service provider may apply to individual payment methods, provided that they are communicated to the Buyer in the payment process and validly incorporated into the respective legal relationship.
(5) If a payment to Fairbeat is not executed or is reversed due to insufficient funds, incorrect account details or an unjustified objection, the Buyer bears the resulting fees insofar as the Buyer is responsible for this.
§ 14 Invoices
(1) Fairbeat issues electronic invoices for subscriptions and Credits. VAT on Credits is calculated at the time of purchase in accordance with the provisions applicable to the Buyer and shown in the invoice for the Credit purchase.
(2) § 11(4) applies to Beat Licences.
(3) The use of Credits for Credit Services, for example for sample downloads, does not trigger a further invoice. The Credits applied are covered by the invoice for the Credit purchase.
§ 15 Refunds, Reversals, Chargebacks
(1) Fairbeat Services: Fairbeat processes refunds, reversals and chargebacks relating to subscriptions and Credit purchases as the recipient of the payment. Refunds are made via the payment method originally used.
(2) Reversal of a Credit purchase: A reversal does not affect Fairbeat’s payment claim unless it is based on an effective withdrawal, rescission or other legal ground. Until payment is made, Fairbeat may block the Credits from the affected purchase that are still available or remove them from the Credit Balance. Sample Licences already granted remain unaffected.
(3) Withdrawal from a Credit purchase: The consequences of a withdrawal are governed by
§ 18.
(4) Beat Licences: Refunds, reversals and chargebacks are processed and borne by the Seller as payee, including the payment service provider’s fees. In the case of Collaborations, this is solely the listing Seller towards the Buyer. Fairbeat provides the proof of licence, order data and download log as evidence.
(5) Effect on the licence: In the event of an effective withdrawal or rescission, the Beat Licence lapses with effect for the future. Otherwise, the effect of a refund on the licence is governed by the Seller’s licence terms.
(6) Separation: Disputes over a Credit purchase concern solely the relationship between the Buyer and Fairbeat. The Seller’s remuneration is separate from this.
Part F Rights, Withdrawal, Liability, Final Provisions
§ 16 Rights of Use
(1) The Buyer acquires rights to Seller content exclusively in accordance with the Seller’s licence terms. Fairbeat does not grant any rights to Seller content.
(2) The User receives a non-exclusive, non-transferable right to use Fairbeat content, in particular the software, design and texts of the Platform, within the scope of these GTC.
(3) In accordance with § 44b(3) of the German Copyright Act (UrhG), Fairbeat reserves the use of its legally protected content for text and data mining under § 44b(2) UrhG. For content accessible online, the reservation of use is additionally declared in machine-readable form. On behalf of the Sellers, Fairbeat also declares the reservation of use for Seller content. Which uses are permitted to Buyers, including for AI training, is governed by § 10(2) and the licence terms.
(4) Copyright notices may not be removed unless this occurs in the course of the intended use.
§ 17 Content, Notices and Measures
(1) Users are responsible for content they post. Fairbeat does not adopt such content as its own.
(2) Illegal content or violations of these GTC can be reported via a reporting form using the corresponding button. The notice should contain the reasons, the exact location (URL), the name and e-mail address of the person submitting the notice and a statement that the information is accurate to the best of their knowledge. Fairbeat confirms receipt and informs the person submitting the notice of its decision.
(3) In the event of legal violations, violations of these GTC or a justified suspicion thereof, Fairbeat may remove content or restrict its visibility, restrict Seller functions and block user accounts temporarily or permanently. Fairbeat selects the measure according to the severity of the violation, taking into account the rights and interests of all parties involved.
(4) Fairbeat moderates content according to the following principles.
a) Illegal content is not permitted, in particular content that infringes copyright or related rights, contains uncleared samples or is offered in a misleading manner, as well as content that violates these GTC or the Seller Agreement.
b) Fairbeat takes action upon notices under para. 2 and on the basis of its own specific indications of possible violations.
c) Fairbeat does not use automated means for moderation.
d) Decisions on measures are always taken by a Fairbeat employee after reviewing the individual case.
e) Depending on severity, measures are a notice to the Seller, restriction of visibility, removal of content, restriction of Seller functions or temporary or permanent blocking of the user account. Stricter measures are possible in the case of repeated violations.
(5) Fairbeat informs the affected User of a measure and its reasons. The statement of reasons sets out the type of measure, the underlying facts, whether automated means were used, the legal basis or the provision violated, and the available means of redress. The User may contact support@fairbeat.com to challenge the measure. Recourse to the courts remains unaffected.
§ 18 Right of Withdrawal
(1) Consumers have a right of withdrawal for contracts with Fairbeat in accordance with Fairbeat’s instructions on withdrawal.
(2) For Beat Licences with business Sellers, the instructions on withdrawal provided in the name of the respective Seller apply (§ 10(6)). The right of withdrawal expires upon commencement
of the provision of the download if the Buyer has previously given their express consent to the provision commencing before the end of the withdrawal period, has confirmed their understanding that they thereby lose their right of withdrawal, and has been provided with a confirmation thereof on a durable medium. There is no statutory right of withdrawal for Beat Licences with private Sellers.
(3) The right of withdrawal for the purchase of Credits expires as soon as Fairbeat has added the Credits to the Credit Balance if the Buyer has previously given their express consent to Fairbeat commencing performance of the contract before the end of the withdrawal period, has confirmed their understanding that they thereby lose their right of withdrawal, and Fairbeat has provided them with a confirmation thereof on a durable medium. If the Buyer withdraws beforehand, Fairbeat refunds the purchase price and the Credits from this purchase lapse.
(4) If the Buyer applies Credits for a Credit Service, a separate contract is concluded with Fairbeat for this, for which the Buyer uses the stated Credits. For Credit Services consisting of the provision of digital content, in particular sample downloads, the right of withdrawal expires upon commencement of the provision if the Buyer has previously given their express consent to Fairbeat commencing the provision before the end of the withdrawal period, has confirmed their understanding that they thereby lose their right of withdrawal, and Fairbeat has provided them with a confirmation thereof on a durable medium (§ 356(6) BGB). For Credit Services consisting of services, § 356(5) BGB applies.
(5) Fairbeat obtains the Buyer’s required declarations on commencement of performance before the end of the withdrawal period in the ordering process and before each use of a Credit Service, and for Beat Licences of business Sellers in their name.
§ 19 Defects and Liability
(1) The statutory rights in respect of defects apply to Fairbeat Services.
(2) Fairbeat is liable without limitation for intent and gross negligence.
(3) Fairbeat is liable without limitation for injury to life, body or health, under the Product Liability Act, for fraudulently concealed defects and to the extent of any guarantee assumed.
(4) In the event of a slightly negligent breach of essential contractual obligations, Fairbeat’s liability is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. Essential contractual obligations (cardinal obligations) are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely.
(5) Otherwise, Fairbeat’s liability for slight negligence is excluded.
(6) In the event of slight negligence, Fairbeat is liable for the loss of data only up to the amount of the effort that would have been required for restoration had the User backed up the data regularly and in a manner appropriate to the risk.
(7) The following applies additionally to Entrepreneurs.
a) Liability under para. 4 is limited to EUR 5,000 per incident of damage and to EUR 10,000 for all incidents of damage in a contract year.
b) Claims for defects become time-barred one year after the statutory commencement of the limitation period.
c) Claims for damages under para. 4 become time-barred one year after the statutory commencement of the limitation period.
d) Letters a to c do not apply in the cases of paras. 2 and 3.
(8) Fairbeat is not liable for the performance of Sellers under Seller Offers unless Fairbeat’s own obligations have been breached.
(9) The limitations of liability also apply to the personal liability of Fairbeat’s employees, representatives and vicarious agents. Statutory update obligations for digital products remain unaffected.
§ 20 Amendments to the GTC and the Services
(1) Editorial amendments: Fairbeat notifies amendments that do not affect the content or the Users’ rights, such as corrections or clarifications, in text form.
(2) Mandatory legal developments: If an amendment is necessary to adapt the GTC to a change in the law or to a binding decision of an authority or court, and it does not shift the contractual balance to the User’s detriment, Fairbeat notifies the User of it in text form at least six weeks before it takes effect. If the User does not object within this period, the amendment is deemed accepted. In the notification, Fairbeat points out the period, the right to object and the consequences.
(3) Changes to digital services: Fairbeat may change digital services in ongoing subscriptions beyond what is necessary to maintain conformity with the contract if there is a valid reason. Valid reasons are adaptation to changed technical environments or interfaces, in particular of operating systems, browsers or payment service providers, IT security requirements, the prevention of misuse, mandatory legal requirements, and the further development of the Platform through new functions and the modification or discontinuation of individual functions where this is necessary for technical or economic reasons, for example due to low use of a function or the discontinuation of a third-party provider’s service, provided that the essential scope of the subscription is preserved. The change does not result in any additional costs for the Consumer. Fairbeat informs the Consumer of the change in a clear and comprehensible manner.
(4) Significant impairment: If a change under para. 3 impairs access to or usability of the digital service more than insignificantly, Fairbeat informs the Consumer, within a reasonable period before the change and on a durable medium, of the characteristics and timing of the change and of their right to terminate the contract. The Consumer may terminate the contract free of charge within 30 days. The period begins upon receipt of the information or, if the change takes place later, upon the change. The right to terminate does not apply if Fairbeat enables the Consumer to retain the unchanged service at no additional cost.
(5) Main performance and consideration: Changes to the essential services, the prices and other consideration only take effect with the User’s express consent (§ 7(6)).
§ 21 Data Protection Fairbeat processes personal data in accordance with the privacy policy at https://fairbeat.com/privacy-policy.
§ 22 Consumer Dispute Resolution Fairbeat is neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution body.
§ 23 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For Consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence.
(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Hamburg. The same applies if the User is an Entrepreneur whose place of business or registered office is outside Germany. Fairbeat is also entitled to bring an action at the User’s general place of jurisdiction.
(3) If the User is an Entrepreneur and individual provisions of these GTC are invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory provisions.
