Frameo Terms of Service

Welcome to Frameo's website and mobile app.

Frameo ApS (“Company” or “frameo” or “we” or “us” or “our”) operates http://frameo.net/ and http://frameo.com/ (the “site”) and provides the frameo mobile apps for Android and iOS (the “app”) and the frameo frame app (the “frame”) - collectively, the "Services". By using our Services, you agree to be bound by the following terms and conditions (the "Terms of Service"). If you do not agree to these Terms of Service, you are not allowed to use our Services.

We may change these Terms of Service at any time, so please review them frequently. Any changes will be effective immediately upon posting to the Services. In case of significant changes of the Terms, we will notify you of such changes either via email or in connection with login on the app. What constitutes a significant change shall be determined at Frameo’s sole discretion. Your continued use of the Services after the posting of changes will constitute your acceptance of such changes.

Essential Services

Our Services allow you to share photos and videos with other users through our mobile app and frame app. All communication between the mobile app and frame app is end-to-end encrypted.

Optional Services

You can find a description of our Services on our website or via the app. Certain options are provided to you free-of-charge.

We offer three categories of user engagement which enjoy different levels of Services:

A "Guest Account" does not require you to create a user account and thereby provide us with an email. A Guest Account gives you basic access to our Services as an anonymous user.
A “Regular Account” requires creating a user account where you sign up with your email; alternatively by using your Google, Apple or Facebook account to login. A Regular Account may offer more features than the Guest Account.
A “Paid Account” is essentially a “Subscription” that can be added to your “Regular Account”. By subscribing you can enjoy the full benefit of the Frameo Services. Certain services or benefits will require a Subscription.

Some features require payment before you can access them (the "Paid Account"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through our Service. We are not responsible for the products and services provided by such third parties.

Payment and Cancellations

We use Google Pay and Apple Pay as third-party service providers for online payment processing. By signing up to a Paid Account via Google Payments, you agree to Google Terms of Service and Google Pay/Google Payments Terms of Service. By signing up to a Paid Account via Apple Pay, you agree to Apple Media Services Terms and Conditions.

Your subscription may automatically renew at the end of the chosen billing cycle in which case your credit card will be automatically charged during auto renewal. Everything related to management, cancellation, renewal etc. of the subscription is handled exclusively through the chosen payment provider.

Intellectual Property

The content on our Services, not uploaded by our users, including text, graphics, images, and software, is the property of the Company or its licensors and is protected by copyright and other intellectual property laws. You may not use any content on our Services for commercial purposes without the express written consent of the Company.

Any kind of content uploaded by our users (eg. photos, videos, profile pictures, caption text and reactions) is owned by the individual user. Frameo does not assume any ownership or accept any responsibility for our users' content.

Data Protection

Frameo keeps and processes the disclosed and personal data relating to its Services and thus retains the ownership of data relating to the products and remains an independent data controller for personal information which we process in relation to the Services.

Our Privacy Policy explains how we collect, protect, use, and share the personal information you have provided us with in order to provide our Services. By using our Services, you agree to the collection, processing, and disclosure of your personal information in accordance with our Privacy Policy.

We do not share the user’s data with other third parties, unless required by law. However, when you use our cloud frame backup services as part of your paid subscription, your photos and videos will be stored in encrypted form with a third-party cloud-service provider. Neither Frameo nor the third-party is able to decrypt and see your photos and videos.

The user is obligated to keep the login information confidential.

We will upon specific request delete data collected, entered or provided by the user. However, we are not obligated to change, clean or in any other way alter the models, algorithms or parameters that the user’s data has helped to train, develop or improve during the term of the agreement.

Data already collected or data provided or entered by the user (not including your photos and videos and associated comments and reactions), and which we have not been asked to delete, will be anonymized and continue to be included in Frameo’s overall data set, for the development of our algorithms, statistics and business, as well as for the purpose of comparison and benchmarking for our other users.

Data uploaded by the User

The user is responsible for any data that it uploads, including its lawfulness, reliability, accuracy, and appropriateness.

The user represents and warrants that Frameo’s use of the uploaded data does not violate the data protection and privacy rights, copyrights, or other intellectual property rights, contractual rights or any other rights of any third party.

If any data is unlawful or of particularly sensitive character, Frameo reserves the right to remove such content without prior notice.

Usage Rights

We collect your behavioral data on the app. By using our Services, you grant to Frameo an unlimited, exclusive, worldwide, royalty-free license to use collected data, except your photos and videos, (in anonymized form only) for the development of Frameo’s algorithms, statistics and business.

Termination

You may cancel your subscription, and thereby downgrade your Paid Account to a Regular Account, at any time subject to the cancellation terms of Google Payments or Apple Pay, respectively.

You can terminate your Regular Account at any time via your profile in the app.

If you are in breach of these Terms, including lack of payment, misuse or unauthorized and/or criminal use, we may terminate your access to our Services without prior notice or liability.

Such termination on Frameo’s side does not warrant a refund unless the termination is due to Frameo’s material, uncured breach of these Terms of Service (within 30 days from the User’s written notice) or a refund is required by law.

Limitation of Liability and Warranty Disclaimer

We do not guarantee or warrant that our Services will meet your requirements.

We assume no responsibility for the hardware on which our Services are installed or any third-party software which may be installed on said hardware and disclaims all liability arising from negligence or otherwise in respect of such conduct or content by third parties.

Frameo, its subsidiaries, affiliates, and licensors do not guarantee or warrant that its Services will function uninterrupted, secure, or available at any particular time or location, that any errors or defects will be corrected or that its Services are free of viruses or other harmful components.

We strive for the highest possible operational stability, but are not liable for programming errors, breakdowns, or operational disruptions, including operational disruptions caused by factors beyond our control, including but not limited to power outages, equipment failures, internet connections, telecommunication connections or the like. Thus, Frameo cannot be made liable for direct or indirect loss that has happened in connection with the use of our Services. Frameo is also not liable for hacker attacks, viruses, or other forms of force majeure.

In the case of breakdown or disturbances, we strive to restore normal operation as soon as possible and without unnecessary delay.

Frameo shall be held indemnified for any claim or loss due to product liability, third party loss or liability to third parties to the extent that it originates from the User’s use of the Services.

The above limitations shall not apply if the damages are the result of a deliberate act or gross negligence on the part of Frameo.

Frameo’s liability under these terms and conditions, and where Frameo’s liability cannot be limited in accordance with applicable law, Frameo’s liability is limited to the fees actually paid by you to Frameo.

Entire Agreement and severability

These Terms of Service and our Privacy Policy constitute the entire agreement between you and Frameo and supersede any prior agreements or understandings, whether written or oral.

If any provision of these terms and conditions is declared invalid or unenforceable under a certain jurisdiction’s laws, the provisions of these terms and conditions shall remain in full force and effect in all other jurisdictions.

Governing Law

These Terms of Service and your use of our Services will be governed by and construed in accordance with Danish law, without giving effect to any principles of conflicts of law.

Dispute Resolution

Any disputes between you and Frameo, which cannot be solved amicably, must be settled with the City Court in Aarhus, Denmark as the first instance.

Access to Complain

If you want to complain about your purchase from Frameo, you can file a complaint with the Danish Consumer Complaints Board, Toldboden 2, 8800 Viborg, via www.naevneneshus.dk. If you reside in another EU country than Denmark, you can complain to the European Commission's online complaint portal via www.ec.europa.eu/odr.

If you have any questions or concerns about these Terms of Service, you can contact us at [email protected]

Last updated: 15-12-2023