Terms of Service

Effective Date: August 19, 2025

1. Scope & Provider

These Terms of Service govern the use of the platform Facenest.de (“Facenest” or “Platform”). Provider/Contracting Party: Enrico Fischer, Sendeweg 2, 34246 Vellmar, Germany; E-mail: support@facenest.de.

By registering and/or using Facenest, you accept these Terms as well as the Privacy Policy in their current version. Facenest reserves the right to amend these Terms; users will be notified in due time. Continued use after amendments take effect constitutes acceptance.

2. Registration & Account

Registration is only permitted for individuals of legal age and capacity; minors require parental consent. All information must be truthful and kept up to date. Access credentials must be kept confidential; multiple or fake accounts are prohibited.

Duplicate accounts as well as simultaneous or repeated logins from the same IP address will result in immediate suspension of the affected accounts.

Facenest may suspend or delete accounts in case of violations.

3. Use & Code of Conduct

Facenest is intended for social networking. Prohibited are, among others: unlawful, offensive, discriminatory, or defamatory content; violations of copyright, trademark, data protection, or other third-party rights; spam/scam; identity theft; actions that overload or disrupt the system.

Facenest may review and remove content. Repeated violations may result in warnings, temporary or permanent suspension.

4. Advertising & Pro Features

Details of Pro plans (Star, Hot, Ultimate, VIP), including features and prices, are available at  
https://www.facenest.de/go-pro.

 
• Companies (legal entities, business accounts) are required to subscribe to at least the “Pro Star” plan in order to use Facenest.

 
• Advertising is permitted exclusively for Pro members with an active “Hot” plan or higher.

 
• Advertising includes, but is not limited to, promotion of products/services, company links, affiliate links, sponsorship posts, and lead generation.

 
• Profile pictures, cover images or backgrounds containing company names, logos, URLs, or advertising slogans are considered advertising and therefore subject to the advertising rules (allowed only with “Hot” plan or higher).

 
• Ads must be clearly marked as such; a valid business license may be required.

 
• Advertising may only be placed in designated areas; the extent (e.g. number of promotions/page promotions) depends on the chosen plan.

 
• Advertising of regulated or dangerous products (e.g. weapons, illegal gambling, unapproved pharmaceuticals) and unlawful advertising remains prohibited.

 
• Users without the required Pro plan may not publish advertising; violations will result in removal of content and may lead to suspension.

5. Rights to Content (IP License)

You retain ownership of your content. By uploading, you grant Facenest a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to store, reproduce, publicly display, distribute, and technically process such content for the operation and improvement of the Platform. The license generally ends once the content is removed or the account is deleted; however, content already shared/re-distributed or subject to statutory retention may technically remain accessible.

You warrant that you hold all necessary rights and shall indemnify Facenest against third-party claims in case of rights violations.

6. Payments

Fees and payment methods for paid services/plans are set out in the respective plan descriptions. Access may be suspended in case of payment default. Facenest qualifies as a small business under § 19 German VAT Act (UStG), thus no VAT is charged.

7. Right of Withdrawal

Consumers have a statutory 14-day right of withdrawal for distance contracts regarding paid services. To exercise, a clear declaration (e.g. by e-mail) is sufficient. If services were already rendered within the withdrawal period, proportional refunds may be excluded.

8. Liability & Indemnification

Facenest is not liable for user-generated content. For slight negligence, liability exists only for breach of essential contractual obligations (cardinal duties) and is limited to foreseeable, typical damages. Liability for intent, gross negligence, personal injury, or as required by law remains unaffected. Users indemnify Facenest from third-party claims resulting from their own misconduct.

9. Intellectual Property

Users may only upload content for which they hold the necessary rights. Facenest’s content/brands may not be used, copied, edited, distributed, or otherwise exploited without consent.

10. Availability

No guarantee is made for permanent availability. Maintenance, outages, or force majeure may temporarily restrict use.

11. Reporting System

Users may report violations. Facenest will review reports at its discretion and within legal obligations.

12. Data Retention & Account Deletion

After deletion of an account, certain content (e.g. comments) may remain visible. Requests for deletion of personal data will be honored subject to statutory retention obligations.

13. Term, Suspension & Reactivation

The user contract runs for an indefinite period and may be terminated by the user at any time via account deletion. Facenest may suspend or terminate accounts for violations of these Terms.

Reactivation of suspended accounts: Reactivation is possible upon explicit request. A one-time processing fee of 19.99 EUR (VAT exempt under § 19 German VAT Act) will be charged. Reactivation will only be carried out after payment has been received and after case-by-case review. There is no entitlement to reactivation, especially in cases of severe or repeated violations. The fee will not be refunded in case of denial or repeated suspension.

14. Third-Party Services

When using third-party services (e.g. payment providers), their terms apply additionally; Facenest is not liable for such services.

15. Final Provisions

German law applies. Jurisdiction, where legally permissible, is Kassel, Germany. Should individual provisions be invalid, the remainder shall remain valid.

Facenest reserves the right to exclude certain countries from using the Platform.