These Terms and Conditions (“Terms”) apply to all contracts for digital promotion and marketing services (“Services”) concluded via the FanXplode website between FanXplode (“Provider”, “we”) and the customer (“Customer”, “you”).
These Terms apply to consumers and businesses. Mandatory consumer protection laws remain unaffected.
We provide digital promotion and marketing services for creators (e.g., traffic/visibility promotion and campaign coordination). We do not sell goods, do not provide physical delivery, and do not provide digital content for download.
The specific scope of Services results from the package description on the website and any information provided by the Customer during onboarding.
To perform the Services, we may use third-party platforms and advertising/traffic networks (e.g., for campaign delivery). Third parties may change policies, availability, pricing, or technical parameters at any time.
We are not responsible for decisions made by third-party platforms (including account restrictions, content moderation, policy enforcement, or algorithmic changes) and cannot guarantee specific results.
The Customer submits a binding offer by selecting a package and completing the order process. The contract is concluded when (i) we confirm the order, or (ii) we begin preparing or performing the Services, whichever occurs first.
Payments are processed via Stripe. We may refuse an order in exceptional cases (e.g., suspected misuse, fraud indications, or legal compliance concerns).
The Services require Customer cooperation. After payment, the Customer receives an onboarding request and must submit the required information truthfully and completely.
Service Start: The Services begin only after the Customer has submitted the onboarding information and we have started service preparation/performance.
If the Customer fails to provide the required onboarding information despite reminders, we may pause performance and set an additional reasonable deadline. If cooperation is still missing after the deadline, we may terminate the contract where performance is not possible or reasonable without the Customer’s cooperation. Statutory rights remain unaffected.
We provide the Services as a digital service. Timeframes depend on the receipt of complete onboarding information and operational capacity. Unless explicitly agreed otherwise, time indications are non-binding.
Because performance depends on external factors (e.g., platform policies, market conditions, traffic fluctuations), we do not guarantee specific results such as revenue, subscriber numbers, follower growth, or conversion rates.
Prices are shown on the website at the time of ordering. Payment is due immediately upon conclusion of the contract and is processed via Stripe. We start performance only after successful payment and after onboarding information has been provided.
If applicable, taxes/VAT are handled according to the information shown in the checkout process.
Consumers may have a statutory right of withdrawal. Details are provided in the separate Cancellation / Withdrawal Policy available on the website.
If the Customer expressly requests that we begin performing the Services before the end of the withdrawal period, the legal consequences described in the Cancellation Policy apply (including possible expiry of the right of withdrawal after service performance has started/been completed, as applicable).
We are liable without limitation for intent and gross negligence and for damages resulting from injury to life, body, or health.
For slight negligence, we are liable only for breaches of essential contractual obligations (cardinal obligations) and limited to foreseeable, typical damages. Any mandatory statutory liability remains unaffected.
We are not liable for the performance, availability, or decisions of third-party platforms or networks used for campaign delivery, nor for fluctuations in traffic or results that are outside our control.
Personal data is processed in accordance with our Privacy Policy. The Privacy Policy forms part of the information provided on the website.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions in the Customer’s country of residence remain unaffected.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
This document is an English translation for convenience. In case of discrepancies or legal disputes, the German version shall prevail.
This addendum clarifies the FanXplode service model. In case of inconsistencies, this addendum prevails over other provisions of this English translation (while the German version remains the legally prevailing version).
Contract language: The website and checkout are provided in English only. Contract conclusion and communication are therefore in English.
Service start: Services begin only after onboarding information has been submitted and we begin preparation/performance.
Customer cooperation: The customer must provide complete and accurate information required for performance. If cooperation is missing despite reminders, we may pause performance, set a reasonable deadline, and—if still missing—terminate where performance is not possible or reasonable without cooperation (statutory rights remain unaffected).
Third parties / platforms: We may use external advertising/traffic networks and third-party platforms for delivery. We are not responsible for third-party decisions, policy changes, or availability.
No guarantee of results: Unless expressly agreed in writing, no specific commercial result is owed (e.g., revenue, subscribers/followers, conversions, reach).
