These Terms of Use apply to the hosted "frevvo.com" service (hereinafter referred to as the "Service"),
owned and operated by frevvo Inc, a company
with its principal place of business at 500 East Main Street, Branford, CT 06405, USA
(hereinafter referred to as "frevvo"). By using the Service, you agree to
be bound by the following Terms of Use in their entirety.
Account and Scope of Service
You acquire the right to use the Service by setting up an account. To set up an account:
You certify that you are 13 years or older and are legally entitled
to enter into the present contract in your country of origin.
You will be required to provide a valid email address, a user name, password and
other information required by the registration process. Personally identifiable information
provided by you shall be subject to our Privacy Policy.
You are solely responsible for your account and for any actions carried out using your account and for
compliance with all applicable laws in your jurisdiction, including but not limited to those governing
the protection of intellectual property, data privacy, and copyright laws.
In this regard, you agree to indemnify and hold harmless frevvo from any and all claims,
demands or damages that might result from any actions carried out using your account.
It is your responsibility to maintain the security and confidentiality of your user name and password at all times.
frevvo cannot and will not be liable for any damages resulting from a failure to comply
with this obligation.
You agree to notify frevvo immediately of any unauthorized
use of your account or should you have reason to assume or believe that your account has been compromised.
In such cases, frevvo reserves the right to deny acccess
to your account until the matter has been resolved.
frevvo also reserves the right to require a password change and deny access to an account
should there be reasonable grounds to assume said account is being used by an unauthorized person or persons.
The Service is available in multiple forms (referred to as "Service Plans"). Each Service Plan offers a different
set of services and may be charged at a different rate.
Prices, Payment Terms, Upgrading and Downgrading
Please contact us for pricing.
Monthly prices are quoted for a calendar month. Annual prices are quoted for a 12-month period through the
end of a calendar month. All prices are
exclusive of all taxes, duties and other charges. You agree to be responsible for
any such taxes that might be applicable to your use of the Service and payments made by you herein.
A valid credit card is required for all
paid accounts and payments for the Service can only be made by credit card. Your credit card will be
charged the monthly rate corresponding to your Service Plan on the first business day of every month.
You hereby authorize frevvo to forward all
relevant payment data to an appropriate third party for the purpose of handling your credit card payments.
You further undertake to ensure that sufficient funds are available to cover any due amounts
charged by frevvo to the credit card account provided.
You can change to a different Service Plan at any time. It should, however, be noted that
ANY DOWNGRADE OF YOUR SERVICE PLAN MAY LEAD TO A LOSS OF DATA, FUNCTIONALITY OR STORAGE CAPACITY.
FREVVO CANNOT BE LIABLE FOR SUCH LOSS.
Free accounts do not require a credit card.
A credit card is not required during the 30-day trial period. An upgrade to any other account will
end your free trial. If you upgrade to a paid account, you will be billed for a partial month immediately
upon upgrading.
Without exception, if a contract is terminated prior to the expiration date,
there will be no refunds or credits for partial months of Service,
for upgrades or downgrades, or for unused months.
What is not permitted
You may not duplicate, resell or exploit the Service or any part thereof
without the express written consent of frevvo.
You agree not to use your account for the following purposes:
Upload, post, email or otherwise make available any content that is
illegal, extremist, racist, threatening, or pornographic in nature
or any other nature that may violate
the privacy, legal or statutory rights of any other individual or group.
Transmitting worms, viruses or other malicious content.
Decompiling, disassembling or otherwise reverse engineering any of the software that
is used to provide the Service.
Impersonating another individual or group or attempting to falsely state
an affiliation with another invidual or group.
Sending of any unsolicited or unauthorized advertising,
"spam", "junk mail", phishing or any other form of solicitation.
Attempting to modify or hack into the Service.
Planning of criminal activities.
You may not use the Service for any illegal or unauthorized purpose. You are responsible for
compliance with all applicable laws in your jurisdiction, including but not limited to those governing
the protection of intellectual property, data privacy, and copyright laws.
Changes to Prices or the Service
frevvo reserves the right to modify the functionality included
in Service Plans or to add or remove specific functions.
frevvo will publish details of any significant changes to
the scope of the Service on our web site. In the event that such changes would significantly reduce the scope
of the Service, you will be given an option to terminate your contract in accordance with these Terms of Use.
If no notification of termination is received prior to the next billing date,
frevvo will assume you have accepted and are in agreement with the changes.
Prices of individual Service Plans are subject to change upon 30 days notification by us. We may provide
such notification at any time by posting the changes to our web site.
In the event of a price change, you will be given an option to terminate your contract in accordance with
these Terms of Use. If no notification of termination is received prior to
the next billing date, you will be deemed to have accepted the price change and will be
invoiced at the new rate with effect from the date indicated.
frevvo reserves the right to carry out minor changes and modifications,
including but not limited to the installation of patches, bug fixes and new versions of any third party
software used, without notification.
frevvo reserves the right to modify or discontinue the Service (or any part
thereof), temporarily or permanently, for any reason without notice at any time.
Any claims for damages or other claims against frevvo as a result of such discontinuation
of the Service are expressly excluded.
frevvo reserves the right to change these Terms of Use at any time.
If the alterations constitute a significant change
in the Terms of Use, we will make reasonable efforts to notify you by email according to the information provided
by you. We will determine, at our sole discretion, what constitutes a "significant change" in good faith and using
reasonable judgement.
Cancellation and Termination of the Contract
You may cancel the contract at any time using the corresponding Cancellation function of the Service.
No other form of cancellation is possible, in particular an e-mail or phone notification.
frevvo may terminate the contract at any time without reason by giving 30
days notice to the end of a calendar month. Such termination notices shall be by e-mail.
frevvo may terminate the contract at any time and with IMMEDIATE EFFECT with
good reason.Such termination notices shall be by e-mail. Good reason includes but is not limited to:
Any breach of these Terms and Conditions.
The provision of false or inapplicable information during the application process.
The use of the service for illegal or otherwise prohibited purposes.
Failure to charge Service fees to the credit card provided for the account.
Upon cancellation or termination, your account and all data and content related to your account
shall be promptly and permanently deleted. This information cannot be recovered from
frevvo; however, it may remain in our records for some period of time.
frevvo reserves the right to refuse the Service to anyone without reason and
at any time.
In the event that the contract should be cancelled or terminated during a calendar month, no refund shall
be given - in part or in full - of any Service fees for that month,
regardless of the reason for such cancellation or termination.
Copyright
frevvo owns the intellectual property rights
to all protectable components of the Service or is entitled to use any third party components used for
providing the Service. Protectable components include but are not limited to the name of the Service,
any art-work used with the service, documentation, and software used to provide the Service. You may not
modify, adapt, copy, decompile, disassemble or otherwise reverse engineer any component of the Service
owned by frevvo or its suppliers.
frevvo claims no intellectual property rights over content you
provide or upload to the Service. However, by using the Service you agree to allow others to view
and share your content.
Disclaimer of Warranties
frevvo provides the Service, including any content, functionality or
information contained in it, on an "as-is" and "as-available" basis, with no warranties or representations
of any kind, either expressed or implied, including, but not limited to, the warranties for
merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
frevvo makes no warranties
(i) that you will be able to use the Service,
(ii) that the Service will be available at all times, uninterrupted and error-free,
(iii) that you will be satisfied with the quality of the Service,
(iv) that the calculations and results provided by the Service will be accurate or reliable,
(v) that any errors or bugs in the Service will be corrected.
You understand and agree that your use of the Service is at your own discretion and risk and you assume
all responsibility for use of the Service.
Limitation of Liability
frevvo shall, under no circumstances, be liable for any
direct, indirect, incidental, consequential, special, exemplary and punitive or other damages
arising out of or relating in any way to your use of the Service whether such claim is based
on warranty, contract, tort (including negligence), or otherwise (even if
frevvo has been made aware of the possibility of such damages).
This limitation shall apply whether damages arise from the use or misuse of the Service, or from
the interruption, suspension or termination of the Service (including damages incurred by
third parties).
General
These Terms of Use will be governed in accordance with the laws of the state of
Connecticut, without regard to that body of law applicable to conflicts of laws.
If any provision of the Terms of Use is held invalid or otherwise unenforceable,
the enforceability of the remaining provisions shall not be impaired thereby.
Failure to exercise any right provided for herein shall not be deemed a
waiver of any right hereunder.
The Terms of Use sets forth the entire understanding between you and
frevvo as to the Service and supercedes any prior agreements
between you and frevvo (including, but not limited to,
prior versions of the Terms of Use).
If you do not agree to these Terms of Use or any part thereof, your sole remedy is
to stop using the frevvo site or the Service.
VIOLATION OF ANY OF THE TERMS OF USE WILL RESULT
IN THE TERMINATION OF YOUR RIGHT TO USE THE frevvo SITE,
AND ANY ACCOUNT THAT YOU MAY
HAVE CREATED AS PART OF THE SERVICE.
Questions
If you have questions about these Terms of Use, you can contact us by email at:
or by mail at: frevvo Inc, 500 East Main Street, Branford, CT 06405, USA.