Terms and Conditions

Frizby is an online service from Frizby SPRL. The Frizby Terms of Service is an agreement between Frizby SPRL ("Frizby", hereinafter referred to as "Frizby", "we", "us" or "our"), and the User (hereinafter referred to as “user”, "you” or “your”). These Terms of Service govern your use of the Frizby application and any additional services offered by or available from Frizby ("Services").

Acceptance to our terms and conditions

By using the website of Frizby.co, the user marks general acceptance to the present terms and conditions. Frizby.co reserves the right to modify these terms and conditions at all times, the user marking his general acceptance to the revised terms and conditions by using the Frizby.co website. Please also read carefully our Privacy Policy at frizby.co/privacy. You are responsible for checking these terms periodically for changes. If you continue to use the Services after we post changes to these Terms of Service, you are signifying your acceptance of the new terms. These Terms of Use were last updated on 20/12/2017.

Using the website

The content of the Frizby.co site is delivered to the user for general information purposes about the Frizby.co services on the one hand, and for use of the software developed by Frizby.co on the other hand. The content of this site can only be used within the framework of the services offered on this site and for personal use by the user. Frizby.co reserves the right to deny access to or terminate access of a user to these services in case of violation of the present terms and conditions.

Changes to Frizby

We may add, modify, or delete, at any time and in its sole discretion, any service or feature provided at www.frizby.co without notice to you. Your continued use of the Services after any such modifications to the Services constitutes your acceptance of these modifications and of the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

Illicit or prohibited use

To be eligible to use the Services, and to create an Account, you must meet the following criteria:

  • You must agree to the Terms of Use.
  • You must be 16 years or older.
  • You are a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You are not currently restricted from the Site or Service, and are not otherwise prohibited from having an Account.
  • You must provide your full legal name, a valid email address and other information we request in order to complete the signup process.
  • Your login may only be used by you. You may not share your login with anyone else. Additional, separate logins are available through the Services.
  • You are responsible for maintaining the security of your account and password. Frizby accepts no responsibility or liability for any loss or damage arising from your failure to comply with this security obligation. You are responsible for all of the content posted and activity that occurs under your account.
User responsibilities

The user engages him/herself to use this site in compliance with the laws and legal and contractual provisions. The user cannot use this website in any way that may prejudice the interests of Frizby.co, of its contractors and/or its clients.

Users:

  • comply with all applicable laws, including without limitation, commercial laws, privacy laws, intellectual property laws, anti-spam laws, export control laws, taw laws and regulatory requirements;
  • provide accurate information to Frizby.co and keep it update;
  • use their real name on their profile;
  • use the Services in a professional manner;
  • cannot use this website in any way that may prejudice the interests of Frizby.co, of its contractors and/or its clients;
  • use good judgement when posting information, comments or other content regarding Frizby.co or users.

Users will not among others:

  • act dishonestly or unprofessionally;
  • use the Services for any commercial purpose or other purposes that are note expressly permitted by these Terms of Use;
  • add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Frizby.co;
  • create of false identity on Frizby.co;
  • misrepresent its current or previous positions and qualifications;
  • misrepresent its affiliations with a person or entity, past or present;
  • misrepresent is identity;
  • create an Account for anyone other than yourself (a real person);
  • use or attempt to use another's account;
  • harass, abuse or harm another person;
  • send spam or other unwelcomed communications to others;
  • scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
  • act in an unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable manner;
  • disclose information that you do not have the right to disclose (such as confidential information of others (including your employer)) violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • engage not the use the site for illicit or illegal purposes that would be contrary to public order or morality (e.g.: content that is violent, pornographic, racist or xenophobic, defamatory, …);
  • post any unsolicited or unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation unauthorized by Frizby.co;
  • send messages to distribution lists, newsgroup aliases, or group aliases;
  • post anything that contains software viruses, worms, or any other harmful code;
  • manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
  • creating or operate a pyramid scheme, fraud or other similar practice;
  • copy or use the information, content or data of others available on the Services (except as expressly authorized);
  • copy or use the information, content or data on Frizby.co in connection with a competitive service (as determined by Frizby) copy, modify or create derivative works of Frizby.co, the Site or any related technology (except as expressly authorized by Frizby.co);
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology, or any part thereof;
  • imply or state that you are affiliated with or endorsed by Frizby.co without our express consent (e.g., representing yourself as an accredited Frizby trainer);
  • rent, lease, loan, trade, sell/re-sell access to the Site or related any information or data;
  • sell, sponsor, or otherwise monetize any feature of the Frizby.co, without Frizby's consent;
  • remove any copyright, trademark or other proprietary rights notices contained in or on our Site;
  • remove, cover or obscure any advertisement included on the Site;
  • collect, use, copy, or transfer any information obtained from Frizby.co without the consent of Frizby;
  • share or disclose information of others without their express consent;
  • use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" the Site or any related data or information;
  • use bots or other automated methods to access the Site, add or download contacts, send or redirect messages;
  • monitor the Site's availability, performance or functionality for any competitive purpose;
  • engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Site;
  • override any security feature of the Site; and/or interfere with the operation of, or place an unreasonable load on, the Site (e.g., spam, denial of service attack, viruses, gaming algorithms).

While Frizby prohibits such conduct and content on the Service, you understand and agree that Frizby cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Services at your own risk.

Frizby may terminate your account for violating one or more of your responsibilities, for violating any applicable laws, rules, regulations, or any other provision in these Terms of Use, or for any lawful purpose or at our discretion, with or without notice. In addition, Frizby has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, Frizby may take a range of actions against you for a violation of this Section or these Terms of Use.

Guarantees and liability disclaimer

The user assumes full responsibility for the use of the Frizby.co site. Any material downloaded or otherwise obtained through the use of the services is done so at the user's own discretion and risk. The user will be solely responsible for any damage to his/her computer system or any loss of data resulting from the download of any such material. The services of Frizby.co are provided “as is” and “as available”. Frizby.co cannot warrant that these services will be uninterrupted, timely, secure or free from error, that the results obtained by using the services will be accurate and reliable, that possible defects in any software used will be corrected.

Frizby.co will use all reasonable efforts to publish information which, to our knowledge, is up to date on the site. Frizby.co however neither warrants that such information is suitable, accurate and exhaustive, nor warrants that the site will be permanently complete and updated in all regards. The information contained on this site, as among other things the prices and charges, may contain content errors, technical errors or typographical errors. This information is provided on an indicative basis and will be periodically modified.

Frizby.co cannot be held responsible for the content of messages, hyperlinks, information, images, videos or any other content whatsoever submitted by the users using the services of Frizby.co.

Frizby.co may not systematically control the content of its site. If the content appears to be illicit, illegal, contrary to public order or to morality (e.g.: content that is violent, pornographic, racist or xenophobic, defamatory, …), the user shall inform Frizby.co thereof, in accordance with point 5 of the present Terms and Conditions. Frizby.co will suppress any content that it would consider at its sole discretion as illicit, illegal or contrary to public order or to morality, without however being held responsible for omitting to suppress or deciding to maintain any content.

The site of Frizby.co may contain hypertext links to other sites. These links are provided to the user on an indicative basis only. Frizby.co does not control such websites nor the information contained in them. Frizby.co can hence not warrant the quality and/or exhaustiveness of this information.

Frizby.co cannot in any case be held liable for direct or indirect damages, nor for any other damage of any nature resulting from the use or the impossibility of use of the site for any reason, regardless of whether this liability is based on a contract, on an offence or a technical offence, or whether it is or not a liability without fault, even if Frizby.co has been advised of the possibility of such damages. Frizby.co cannot in any way be held liable for acts committed by the internet users.

Additional terms

By accessing Frizby, you are granting permission to us and others to aggregate searches for statistical purposes and use it in connection with the Services, the Site and otherwise in connection with our business. Frizby does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your compilation of links does not create an attorney-client relationship. The license agreement and all related information are provided on an "as is" basis. Frizby makes no warranties whatsoever regarding the license agreement and the information provided and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use. Frizby is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access. Frizby provides you with the ability to remove your personal information from the Site and the Services. This ability does not extend to copies that others may have made or to copies that we may have made for backup purposes.

Licence to use Frizby

License Grant

Frizby grants to you (either to you individually or the company for whom you work) a non-exclusive license to access one copy of the Frizby Services solely for your own personal or business purposes on a computer during the period of time or session where you interact with the Frizby Services (whether by means of a laptop computer, standard computer or a workstation attached to a multi-user network (a "Computer"). We consider the Frizby Services in use on the Computer you are then currently using when the Frizby Services are loaded into that Computer's temporary memory or "RAM" and when you interact with, upload, revise or input information onto Frizby'sservers by means of the Frizby Services. Frizby reserves all rights not expressly granted herein.

Ownership

Frizby or its licensors are the owners of all right, title, and interest, including copyright, in and to the Frizby Services. Copyright to the individual programs available through www.frizby.co (the "Software"), which in turn are used to deliver the Frizby Services to you, are either owned by Frizby or its licensors. Ownership of the Software and all proprietary rights relating thereto remain with Frizby and its licensors.

Restrictions on Use and Transfer

You may use only that copy of the Frizby Services associated with your name and email address.

You may not:

  • rent or lease the Frizby Services;
  • transfer Frizby Services;
  • copy or reproduce the Frizby Services through a LAN or other network systems or through any computer subscriber system or computer network bulletin-board system;
  • modify, adapt, or create derivative works based on the Frizby Services; or reverse engineer, decompile or disassemble the Frizby Services.
Advertising

You acknowledge and agree that Frizby may use your company's name, your logo, any symbol linked to your company for advertising, marketing, communication purposes, including but not limited to mentioning you and presenting you publicly, including but not limited to on or through the Site or any third-party site website or any social network such as Facebook, Instagram, Twitter, Linkedin.

Invoicing terms and costs

Some parts of the Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Frizby cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Frizby customer support team. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Frizby with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Frizby to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Frizby will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Fees, rate limits and effective dates for the Subscription are negotiated separately from the Terms of Service, in a Proposal. For all Services performed by Frizby, the customer will pay Frizby the fees that are contemplated under the Proposal. The Service Fees exclude value added tax, sales tax, use tax, service tax, all other duties and/or taxes or other similar charges imposed on Frizby or the Customer by any tax authority (other than taxes imposed on Frizby’s income) which shall be charged separately by Frizby and paid by the Customer. All such charges, duties and/or taxes shall be identified in the invoice as a separate item. The Customer agrees to pay for reasonable out-of-pocket costs and expenses (including but not limited to travel, hotel and other business related expenses) incurred in performing the Services, provided that Frizby has submitted supporting documentation of such expenses and were pre-approved by Customer.

There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for months unused. Account credits do not roll over to the succeeding month.

Cancellation

You are solely responsible for properly cancelling your account. You may terminate this Agreement upon sixty 60 calendar days written notice and earlier if you violate these Terms of Service in connection with your use of Frizby. The Customer agrees to pay Frizby for Services performed up to the effective date of termination, at the agreed upon rates set forth in the applicable Proposal. We reserve the right, in our sole discretion, to terminate your access to all or part of Frizby, in the event that you breach these Terms of Service, with or without notice.

Fee change

Frizby, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Frizby will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Intellectual property rights

The elements accessible on this site, which are the property of Frizby, as well as their compilation and construction (texts, photographs, images, icons, videos, software, databases, data, etc.), are protected by the intellectual property rights of Frizby. The elements accessible on this site, which have been posted by users of the Frizby services, as well as their compilation and construction (texts, photographs, images, icons, videos, software, databases, data, etc.), may be protected by the intellectual property rights of these users. The names and logos of Frizby displayed on this site are protected trademarks and/or trade names. The trademarks of Frizby must not be used in connection with any product or service other than those of Frizby, in any way whatsoever that may create confusion among the consumers or in any way that may depreciate or discredit Frizby. Unless expressly authorized, the user may not in any case copy, reproduce, represent, modify, transmit, publish, adapt, distribute, spread, sub-license, transfer, sell in any form or media, and will not exploit in any way whatsoever all or part of this site without prior written consent by Frizby.

Privacy

Use of this site may result in the collection and processing of personal data by Frizby. We therefore invite you to read our privacy statement.

Dispute settlement, competence and applicable law

The present terms of use are subject to Belgian law. Any dispute arising from or related to this service will be the object of a dispute resolution procedure between the parties. In case of failure of the dispute resolution procedure, the dispute will be brought before the courts of Brussels (Belgium). Frizby reserves the right to refer to another court of competent jurisdiction if it deems it appropriate.

Contact

If you have any questions about these Terms, please contact us by email at support@frizby.co.