Terms of Service

1. Communications

By creating an account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us.

2. Purchases

If you wish to purchase any product or service made available through the Services, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.

The Services may employ the use of third party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

3. Subscription Term and Payment

The initial term of this Agreement is for one (1) year (or other initial term stated on the applicable order form). This Agreement shall automatically renew for additional periods equal to the expiring term, unless either party gives the other notice of non-renewal at least thirty (30) days before the end of the relevant term.

You agree to pay all fees or charges to your account based on the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide us with valid credit card information and you authorize us to deduct the monthly charges against that credit card. Frase reserves the right to change pricing at any time.

All fees paid are final, and we do not provide any refunds. For monthly payment plans, you will be billed in advance on a monthly basis. Frase may suspend your account thirty (30) days after notifying you of non-payment.

4. Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Services. We may experience delays in updating information on the Services and in our advertising on other web sites. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Services.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

5. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

6. Customer Data

"Customer Data" means any data, information or material provided or submitted by you to the Services in the course of using the Services. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data.

By posting, storing, or transmitting any Customer Data on or through the Services, you hereby grant to Frase a worldwide, non-exclusive, royalty-free, sublicenseable, transferable right and license to use, reproduce, distribute, prepare derivative works of, perform, display, and otherwise exploit the Customer Data in connection with the Services and Frase's business.

By posting Customer Data on or through the Services, you represent and warrant that: (i) the Customer Data is yours (you own it) or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) the posting of your Customer Data on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

Important: Frase does not use Customer Data to develop or train generalized artificial intelligence or machine learning models ("AI/ML Models") in a manner that would learn from your Customer Data and apply those learnings broadly across other customers. However, Frase may use aggregated, anonymized, or de-identified data that cannot be associated with you or your organization for analytical purposes and to improve our Services.

7. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

8. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Services infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@frase.io, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged infringement.

9. Intellectual Property

The Services and their original content (excluding Customer Data), features and functionality are and will remain the exclusive property of Frase, Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Frase, Inc.

10. Third Party Sites and Applications

Our Services may contain links to third party web sites or services that are not owned or controlled by Frase, Inc.

Frase, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Frase, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

11. Confidentiality

Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Confidential Information").

The Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information, and (ii) not to use or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party.

12. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Services and cancel your subscription.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Indemnification

You agree to defend, indemnify and hold harmless Frase, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, or b) a breach of these Terms.

14. Limitation of Liability

In no event shall Frase, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In any case, Frase, Inc.'s liability shall not exceed the amount paid by you to Frase, Inc. in the twelve (12) months preceding the claim.

15. Warranty and Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Frase, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

16. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

18. Policies

Your use of the Services is also subject to our Acceptable Use Policy and Privacy Policy, which are incorporated into these Terms by reference.

19. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

20. AppSumo

a. Limited License

By using the Platform and accepting these Terms of Use, Frase grants you a limited, personal, nontransferable, nonexclusive revocable license to use the Platform pursuant to these Terms of Use and to any additional terms and policies set forth by Frase.

b. Prohibited Uses

You are expressly prohibited from:

x. Reproducing, distributing, creating derivative works from, publicly displaying, publicly performing, licensing, selling, trading, buying via secondary market, or re-selling AppSumo codes that grant access to Frase.

c. Right to Terminate Use

Frase reserves the right to determine whether or not your use of the Platform is consistent with the Terms of Use. We may suspend, restrict or terminate your use of the Platform if your use breaches or fails to comply with any of the Terms of Use. Additionally, we may seek any and all other remedies available to us, including seeking damages relating to any breach or failure to comply with any of the Terms of Use.

21. Contact Information

If you have any questions about these Terms, please contact us at:

Frase, Inc.
Email: support@frase.io
Website: https://frase.io