Terms of use for FSRdp

(1) These terms of use apply to the use of FSRdp through the servers operated by Fischbacher Software, including the browser access ("web viewer") and the desktop programs for Windows and Linux (together the "service").

(2) The provider is Fischbacher Software, Robert Fischbacher. Address and contact details are given in the imprint.

(3) Anyone who takes part in a room, opens or manages one is a "user". By joining a room or installing an FSRdp program, the user agrees to these terms.

(4) For supporters with a paid licence and for customers who run their own FSRdp server, the agreements made with them apply in addition and take precedence in case of conflict. On a server not operated by Fischbacher Software, its operator's terms apply as well.

(1) The service relays video, audio, screen content, chat messages and files between the participants of a room in real time. It also allows a computer to be controlled remotely if its user explicitly permits it.

(2) The provider only relays content. It does not record video or audio and selects neither content nor recipients. If a room owner records a session, this happens solely on the owner's own device; all participants are notified.

(3) If the room owner switches on live subtitles, spoken language is sent to a service provider for recognition and translation. Details are given in the privacy policy. All participants in the room are notified of this as well.

(4) Unless agreed otherwise, there is no entitlement to any particular availability, quality or feature. The provider may develop, restrict or discontinue the service.

(1) Every user is responsible for the content they transmit through the service – video, audio, screen content, chat and files – and for the rights to it.

(2) The room owner decides who may enter a room and which rights a participant receives, for example microphone, camera, chat or remote control, and is responsible for these decisions. The owner shares the room number and PIN only with people who are meant to take part.

(3) Anyone who allows someone else to control their computer does so at their own responsibility and should only allow people they trust.

(4) Minors may use the service only with the consent of their parents or guardians.

FSRdp is meant for remote support, collaboration and conversation. In particular, the following is prohibited:

1. streaming sports events, films, concerts or broadcasts without the rights holder's permission – an organiser's house rules or ticket conditions usually forbid this anyway;
2. transmitting or recording people without their consent, unless the law exceptionally allows it, as well as other people's private conversations, such as those of the person in the next seat;
3. criminal acts or content of any kind, and content that infringes the rights of third parties;
4. sending malware, and using remote control for actions the owner of the controlled computer does not want;
5. circumventing protective mechanisms such as room PINs, access rights, blocks and limits, trying out room numbers automatically, and putting excessive load on the service;
6. reselling the service commercially without a separate agreement.

(1) In case of a violation of § 4 or a well-founded suspicion, the provider may take appropriate measures: close a room, disconnect participants, suspend accounts or supporter keys temporarily or permanently, and cancel room name reservations. In doing so, it takes the user's legitimate interests into account.

(2) In case of criminal acts, the provider may file a criminal complaint. It cooperates with the competent authorities within the limits of the law.

(3) The room owner can remove participants from their room and switch off their microphone or sound.

(4) The provider does not monitor transmitted content; it is neither obliged nor, given the secrecy of telecommunications, readily permitted to do so. It acts on reports under § 6.

(1) Illegal content or prohibited use can be reported to abuse@fssoft.de. A report should name the room or room number, the time and the reason, and for infringements also the right infringed.

(2) The single point of contact for users and authorities under Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act) is also abuse@fssoft.de. Communication is possible in German and English.

(1) The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

(2) For a slightly negligent breach of an essential contractual obligation, the provider is liable only for the typical, foreseeable damage. An obligation is essential if its fulfilment makes the proper performance of the contract possible in the first place and the user may regularly rely on its being met. Otherwise, liability for slight negligence is excluded.

(3) For content transmitted by users, the provider is liable only under the statutory provisions for intermediary services.

(4) If a user is responsible for an infringement under § 4, they indemnify the provider against third-party claims based on it, including reasonable costs of legal defence.

The provider may change these terms with effect for the future. Changed terms are published on this page with a new date; in case of material changes, the provider asks for consent again before further use.

(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 applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country 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 place of jurisdiction is the provider's registered place of business.

(3) The provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.