TERMS OF USE

TERMS OF USE AND END USER LICENSE AGREEMENT

About our terms

Thank you for downloading the Frolo Limited software application for IOS or Android operating systems ("Application"). These Terms explain how you may use the Application and any corresponding services that may be made available to you via the Application from time to time ("Services") and constitutes an agreement between you and us. For information, this agreement is between you and Frolo Limited and not with any third-party including Apple or Google. Frolo is responsible for the Application and its contents.
References in these terms to the Application includes any updates to the Application.
You should read these terms carefully before you use the Application. This Application is a platform for the Frolo community to discover and connect with other single parents. Our ethos is to promote a positive community for single parents where all people feel safe to share their stories, support one another and build their network. Frolo will not tolerate any abusive or otherwise objectionable content or behaviour on the app and reserves the right to delete content that violates the Frolo Community Guidelines. Frolo also reserves the right to remove users who violate our Frolo Community Guidelines from the app.
By downloading, installing, and/or accessing the Application and/or using the Services, or otherwise indicating your consent, including by clicking to accept or agree to these Terms when and if this option is made available to you, you agree:

to be bound by these Terms and the documents referred to in them, as well as our privacy policy, which is available at Frolo Privacy Policy ("Privacy Policy"); and
that you have read and understood these Terms; and
that you are of legal age to enter into a binding agreement or, if not of legal age, that your parent or guardian has reviewed this agreement on your behalf and has agreed to same (in which case “user” or “you” shall refer both to you individually and your parent or guardian).
If you do not agree with or accept any of these Terms or the terms of the Privacy Policy, you should stop using and uninstall the Application immediately and cease and refrain from using or access the Services.
If you have any questions about the Application or any other matters, please contact us by email support@frolo.co.uk (Monday to Friday: 9 am to 6 pm).
Definitions

In these Terms, the following definitions apply:

"Apple" means Apple, Inc. and any of its affiliated companies from time to time;

"Application" shall have the meaning set out at Clause 1.1;

"Content" means any and all messages, works of authorship, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and/or made available to you via the Application or the Services, excluding any content uploaded by third parties including users;

“Free Trial” a product or service we may offer through the application for a short period of time so that users can try it out;

"Google" means Google Inc. and any of its affiliated companies from time to time;

"Laws" means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree or other requirement of any national or local government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction;

"Privacy Policy" shall have the meaning set out at clause 1.4.1;

"Services" shall have the meaning set out at clause 1.1 and shall include those services available via the Application, namely, a platform that provides the opportunity for parents to connect;

"Terms" means these terms and conditions of use as updated from time to time under clause 9.1;

"Updates" shall have the meaning set out at clause 4.7;

"Usage Rules" shall have the meaning set out at clause 4.3;

"User Photos and Videos” shall have the meaning set out at clause 4.4;

"we" means Frolo, a company registered in England and Wales with company number 11559309 whose registered office is at Huckletree West Mediaworks, 191 Wood Ln, London, England, W12 7FP (and "Frolo", "us", or "our" shall have the same meaning. References to Frolo, we, our, and us in these Terms also includes our group companies from time to time;

"you" means the person accessing or using the Application (and "your", or "user" shall have the same meaning).

“community mode” means the application mode for for friendship, advice, support and community but not dating.

“dating mode” means the application mode for single parent dating.

Using the application

The Application is for your personal and non-commercial use only.
We may prevent or suspend your access to the Application for any reason without obligation to either notify you or disclose said reason in our absolute discretion. In particular we may prevent or suspend your access to the Application if you do not comply with any part of these terms, any terms or policies to which they refer, or any applicable Laws.
Only users located in or are residents of the United Kingdom and Ireland are permitted to download, use, and access the Application or the Services. If you access the Application from outside the United Kingdom or Ireland, you are responsible for compliance with local laws.
Only verified users may use the application, the verification process is applied at the time of registration. If you do not agree to this process, you will not be able to use any features of the application.

You must not:
distribute any immoral, obscene, pornographic or radical political content or photos.
distribute any defamatory, offensive or otherwise illegal content or information.

When you upload photographs, videos or other information that identifies another individual you must have their express permission to do so and comply with all relevant data protection regulations including the EU GDPR and the UK GDPR / UK Data Protection regulation 2018.

Usage Fees

The Application is free to download and use in Community mode.
There is a fee to use the application in Dating mode, the fee depends on the level of subscription chosen at the time and is displayed on the Application Dating subscription screen.
At our discretion we may offer a free trial of a subscription services, the terms for this will be clearly displayed at the time of subscription.

Provisions governing your installation and use of the application

The Application and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with the Application, the Services, and all Content made available under these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
Where there are rights in the Application, Services, and the Content belonging to third parties, such as Frolo’s service providers and/or licensors, these are used or incorporated by Frolo with permission or authorisation. Such third parties reserve all of their rights, title and interests with respect thereto.
Provided you agree to be bound by these Terms, and subject to the same, Frolo hereby grants to you a non-exclusive, limited, revocable (in Frolo’s sole discretion), non-transferable, non-assignable, and non-sublicensable right and licence to download, install, execute and run the Application, and to access the corresponding Services, solely on a single, compatible mobile device that you own for your personal, non-commercial use and subject to any other relevant third party terms e.g. between you and Apple, or you and Google, in relation to the relevant app store ("Usage Rules") which are incorporated into these Terms by reference and:
to the extent you are using the Application on the Android operating system and obtained the Application via the Google Play store, you may have additional rights or obligations with respect to the Application as set forth in the Google Play Developer Distribution Agreement, available at https://play.google.com/about/developer-distribution-agreement.html. To the extent that these Terms conflict with the Google terms mentioned, the Google terms will supersede these Terms.
to the extent you are using the Application on the IOS operating system and obtained the Application via the Apple App Store online store, you agree (a) that to the extent that these Terms conflict with the terms of Apple’s usage rules, the terms and conditions in such usage rules shall govern and control; and (b) your license grant is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the Apple's usage rules, except that such Application may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.
The right and licence granted to you at clause 3.3 above includes a limited, personal, non-exclusive, revocable, right to reproduce and display for your own non-commercial, private use, you are solely responsible for and liable for ensuring Content made available by you via the Application complies with all applicable Laws including, without limitation, securing any necessary consents, authorisations, permissions, and/or rights to photograph or record any person, subject, or other thing depicted in the content.
Except (i) as expressly set forth in these Terms; (ii) as may be permitted by the licensing terms governing any open-source software comprising the Application (if any); or (iii) to the extent the following restrictions are prohibited by applicable Law or in contradiction to the Usage Rules, you or anyone acting on your behalf or under your command or control or via your mobile device may not:
copy, distribute, share, perform, transmit, display or create derivative works or improvements of the Application or any Content appearing thereon or made available therefrom or via the Services;
use the Application or access the Services on a device that you do not own or control;
sublicense, lease, lend or sell the Application or Services to any other person or entity;
copy, disassemble, reverse engineer, decompile or otherwise attempt to derive the source code for the Application;
delete or destroy any proprietary markings or legends associated with the Application or the Content appearing thereon or made available therefrom or via the Services or circumvent any associated security measures;
decrypt, extract, or otherwise attempt to discover any source code or trade secrets contained in or accessible via the Application;
use the Application and/or the Services for any unlawful purpose or in a manner inconsistent with any Law or in a reckless manner; and/or
otherwise install, access, or use the Application or the Services or the Content available therefrom in a manner inconsistent with these Terms.
You understand and agree that the Application is provided to you via a licence and is not sold to you. You do not acquire any ownership interests in the Application or any other rights in the Application or the Services other than those set forth these Terms.
Frolo may, in its absolute, sole discretion, make available updates, upgrades and/or new version releases of the Application, which may include bug fixes, enhancements, new features, deleted features, modifications, or other improvements (collectively, “Updates”). Updates may result in the removal of certain features or functions. To the extent Frolo releases an Update of the Application, you agree to download same and to cease use of the prior version of the Application. You understand and agree that Frolo shall have no duty or obligation to provide or make available any Updates or to otherwise retain any functionality provided in connection with the Application or any subsequent Update, and Frolo shall in no way be liable for any damages, costs, liabilities, fees, or expenses incurred by you arising out of or related to the removal of any functionality from the Application or any subsequent Update. Your mobile device settings may provide you with options concerning the downloading of Updates, such as permitting the automatic download of Updates to the Application, and you are solely responsible for these settings.
Without limiting the extent of clause 4.7 above, Frolo may:
change, suspend, or discontinue the Application and/or the Services at any time, including the availability of any feature, software, database, Content or content posted by users, associated with it; and
limit or restrict access to the Application and/or the Services at its sole discretion without notice or liability if it reasonably believes a user has violated any of these Terms, for maintenance purposes, or for any other reasonable reason.
You agree that Frolo will not be liable if, for any reason, all or any part of the Application or the Services is unavailable at any time or for any period.

Your privacy and personal information

Your privacy and personal information are important to us. You acknowledge that when you download, install, or use the Application, Frolo may use automatic means to collect information about your mobile device and about your use of the Application, solely as set forth in our Privacy Policy.
You consent to Frolo’s collection and use of such in a manner compliant with the Privacy Policy.
Your use of the Application on a third-party operating system may be governed by the terms of a third party:
if you are using the Application on the Android operating system via a relevant android app store, you understand and agree that Google may collect certain data from you in line with its Usage Rules including, but not limited to, information on how the Application, Google Play, and mobile device(s) are being used. The data collected is used in the aggregate to improve Google Play, related products and services, and the user and developer experience across Google products and services. We have access to certain data collected by Google via the Play Console. You understand and agree that any and all data collected by or on behalf of Google is governed by Google’s privacy policy, available at https://policies.google.com/privacy?hl=en&gl=us, as may be updated from time to time by Google or its affiliates. If you do not agree to the collection and/or use of such data by Google, please do not use or download the Application. To the fullest extent permitted per applicable law, we shall have no liability or responsibility concerning the collection, handling, transmission, disclosure, use, and/or distribution of any data collected by Google, which shall be the sole responsibility of Google.
if you are using the Application on the IOS operating system via a relevant Apple app store, you understand and agree that Apple may collect certain information or data concerning the Application and/or your mobile device. You understand and agree that any and all data collected by or on behalf of Apple is governed by Apple’s privacy policy, available at https://www.apple.com/legal/privacy/, as may be updated from time to time by Apple. If you are not agreeable to the collection and/or use of such data by Apple, please do not use or download the Application. To the fullest extent permitted per applicable law, we shall have no liability or responsibility concerning the collection, handling, transmission, disclosure, use, and/or distribution of any data collected by Apple, which shall be the sole responsibility of Apple.

Rights Ownership

Unless otherwise indicated, the Application, the Content, and the Services, as well as the Application’s icon, name, and the underlying software code (including source code and object code), the graphical displays associated with the Application, and the selection, arrangement, and coordination of elements comprising the Application are protected by intellectual property rights that are owned or licensed by Frolo, or otherwise used with permission by Frolo.
Frolo’s trademarks, service marks and logos are protected by law in the United Kingdom and the law of other countries, and may not be copied, used, reproduced, redistributed or imitated without the permission of Frolo. Other names and brands used on or in connection with the Application or in connection with the Services are properties of their respective owners.
Certain Content available through the Application and/or the Services are the property of Frolo’s third party licensors and all, rights, title, and interests therein are retained by such licensors. Such Content and any associated trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the rights holder. To the fullest extent permitted per applicable Laws, you acknowledge and agree that Frolo is not responsible for any third-party Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.
Frolo does not assume and will not have any liability or responsibility to you or any other person or entity for any third-party Content. As between you and a third-party rights holder, all rights in any third party Content or in or to the Application are expressly reserved by the third party rights holder.
Frolo, at its own discretion reserves the right to remove, any information that you make available on the Service; and that we have the right to change, condense or delete such content. For example, we may remove any content that violates these terms and conditions or violates Frolo Community Guidelines.

Additional Obligations

You agree that:

when accessing the Application or such associated Services through a mobile device, you will be responsible for all of your wireless service carrier’s standard charges, data rates, and other applicable fees. Not all of the Services will work with all carriers or devices. You agree that your use of the Application and the Services will comply with the usage rules established by your service provider and agree to be solely and fully liable to the extent your use of the Application and/or the Services does not comply with such usage rules.
to use the Services, Application, and Content in a manner consistent with any and all applicable Laws. You agree not to upload or transmit through the Application or any Services any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer and/or computer network. Any unauthorised modification, tampering or change of any information, or any interference with the availability of or access to the Application or the Services is strictly prohibited.

Term and termination

You may terminate our agreement under these Terms by deleting your account and deleting the Application from your mobile device(s) and ceasing all use of the Services.
Frolo may terminate the agreement under these Terms at any time without notice or liability if you breach any of these Terms or our community guidelines.
In addition, our agreement under these Terms will terminate immediately if you violate any of the Terms or do not comply with our ethos.
On termination, any and all rights and licences granted to you hereunder shall be automatically revoked, and you must cease all use of the Application and delete all copies of the Application from your mobile device, except to the extent otherwise permitted by the Usage Rules.
On termination Frolo will not offer refunds for partly used subscriptions or other products or services the user purchased through the Application.
To the fullest extent permitted per applicable Laws, the following provisions shall survive termination: clauses 1.7, 4.1, 4.2, 4.5, 4.6, 6.1, 6.2, 6.3, 11.3
Termination will not limit any of Frolo’s rights or remedies at law or in equity.

Disclaimer of warranties; indemnification; limitation of liability

While we try to make sure that the Application is accurate, up-to-date and free from bugs, we cannot promise that it will be. To the fullest extent permitted per applicable Law, the Application and Services, and all Content are provided to you "as is" and with all faults and defects without any statement or promise to the contrary.
We cannot promise that the Application will be fit or suitable for any purpose. We cannot promise that the Application and/or Services (or any Content) will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.
Any reliance that you may place on the information on the Application is at your own risk.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or conditions or the limitations on the applicable statutory rights of a consumer as set out in this clause 9, so some or all of the above exclusions and limitations may not apply to you.
While we try to make sure that the Application is available for your use, we do not promise that the Application is available at all times nor do we promise the uninterrupted use by you of the Application.
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by negligence) or arising under applicable Laws relating to the protection of your personal information, we are not legally responsible for any:
losses that:
were not foreseeable to you and us when these Terms were formed; or
that were not caused by any breach on our part;
business losses; and
losses to non-consumers.
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Variation

These Terms are dated 22 November 2021. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 10. We reserve the right to vary these Terms from time to time. We will provide notice via the Application of any such variation. Our updated Terms will be displayed on the Application and by continuing to use and access the Application following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations and you should always review the Terms prior to using or accessing the Application or the Services to ensure that you have a current understanding of the Terms under which you are permitted to access and use the Application or the Services.

General Terms

Frolo reserves the right to modify, edit, delete, suspend or discontinue, temporarily or permanently the Application and/or the Services (or any portion of them) and/or the information, materials, Content, products and/or services available with or without notice. You agree that Frolo shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Application, the Content, and/or the Services.
These Terms (together with the Privacy Policy, which is expressly incorporated within it) contain the entire understanding between you and Frolo with respect to the Application, the Services, and the Content, and no representation, statement, inducement oral or written, not contained in these Terms shall bind us or you.
Frolo’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by Frolo of any right under these Terms on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion.
In the event any provision of these Terms is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms, and both you and us will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision.
No one other than a party to this contract has any right to enforce any term of this contract.
If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms. Relevant United Kingdom law will apply to these Terms.