Terms of Service

The following terms and conditions govern all use of i) the Franz App (the App), ii) the meetfranz.com website (the Website), iii) all other services, apps and websites provided by Franz or Stefan Malzner and iv) any other content, services or products provided by Franz or Stefan Malzner available at or through the aforementioned services or platforms - all together (i - iv), the Service.

The Service is owned and operated by Stefan Malzner (Franz). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Franz’s Privacy Policy) and procedures that may be published from time to time on this Site by Franz (collectively, the Agreement).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Franz, acceptance is expressly limited to these terms. The Service is available only to human beings who are at least 16 years old.

Your Franz Account and Site

If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Franz of any unauthorized uses of your account or any other breaches of security. Franz will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Use of Third-Party Services

The Service provided by Franz integrates third-party services (primarily, but not limited to, messaging services). These external services will be referred to as Third-Party Services, External Providers, Messaging Services or External Services. Franz does not have any control over any of these third-party services, which you are using at your own risk, and subject to their respective terms and conditions and privacy statements. If any of these third-party services are temporarily or permanently unavailable within the Service, Franz will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

Automatic Renewal

Unless you notify Franz before the end of the applicable subscription period that you want to cancel a Premium Subscription or any other paid upgrade of your account (a Licence), your Licence subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Licence (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you.

Cancellation

Licences can be canceled at any time in the Account section of the Service’s settings, effective at the end of your Licence’s billing cycle. Following the cancellation, you will be able to use the Licence until the end of your current monthly or yearly subscription. Except to the extent applicable law, if any, provides otherwise, Franz will have no obligation to provide a refund of any amounts previously paid.

Franz for Teams / Team Billing

Franz provides the option to set up teams within the Service, in which a single team manager can manage the Licence subscriptions for multiple team members. The team manager will not have access to the messages sent and received by their team members, but they have the power to remove any team members from the Licence at any time. Franz will have no obligation to provide any refund to team members that are removed from a Licence by their team managers. Team managers might be able to limit team members’ accounts within the Service (in particular, but not limited to, regarding the selection of messaging services available within the Service), and they might be able to make configurations in team members’ accounts.

It is within the sole responsibility of the team manager to send out invites exclusively to people who have consented i) to be contacted by Franz via email in order to complete the invitation process and ii) to be bound by the terms and conditions set out in the Agreement. Franz disclaims any responsibility for unsolicited invites sent out by team managers.

Restricted Use

You may not use the Service for any illegal purpose, or in violation of any local, state, national, or international law, or to substantially replicate products or services offered by Franz. If you’re actually reading this: don’t be stupid, don’t be evil - it’s as easy as that. If Franz believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Service may be temporarily or permanently revoked, with or without notice. Franz will have no obligation to provide a refund of any amounts previously paid.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Franz disclaims any responsibility for any harm resulting from the use by visitors/users of the Service, or from any downloading by those visitors/users of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Service links, and that link to the Service. Franz does not have any control over those non-Franz websites, webpages and services, and is not responsible for their contents or their use. By linking to a non-Franz website, webpage or service, Franz does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Franz disclaims any responsibility for any harm resulting from your use of non-Franz websites, webpages and services.

Languages

The Service is available in different languages, with official translations provided by Franz indicated as such. All other translations are provided by users of the Service. Franz encourages users to help translate the Service but has not reviewed, and cannot review, these translations. They are therefore provided “as is” and you are free to use them at your own discretion and risk. Franz is not responsible for their completeness, accuracy, morality and conformity with laws and regulations, in particular any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content. Franz will have no obligation to provide a refund of any amounts previously paid if any of these translations don’t live up to your expectations.

Credits

Credits give you free access to Premium features within the Service for a certain amount of time. These Credits can be earned through inviting new users to the Service if and when expressly indicated by Franz. You might also receive Credits from Franz through other promotional campaigns if and when expressly indicated by Franz, or (at the sole discretion of Franz) as a token of goodwill. The total number of Credits you can collect is capped at an amount equivalent to one year, and Credits are not transferable or exchangeable and no cash alternative is available. There is no legal claim to receiving Credits under any circumstances.

Ads

The Service may be supported by ad revenue and Franz may display advertisements and promotions within the Service. These advertisements may be targeted based on information you provide. All of your personal information will be protected in accordance with our Privacy Statement. The manner, mode, and extent of advertising by or permitted by Franz are subject to change without specific notice to you. In consideration for Franz granting you free access to and use of the Service, you agree that Franz may display advertising throughout the Service.

Intellectual Property

This Agreement does not transfer from Franz to you any Franz or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Franz. Franz, meetfranz.com, the Franz logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Franz or Franz’s licensors. All images, videos, text or other content used in connection with the Service are the sole intellectual property of Franz, with all rights reserved. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Franz or third-party trademarks.

Changes

Franz reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Franz may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Franz may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Franz account (if you have one), you may simply delete your account and discontinue using the Service. You can file a request to delete all stored data about you here. Franz can terminate access to the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Service is provided “as is”. Franz and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Franz nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Service and download from, or otherwise obtain content or services through the Service at your own discretion and risk.

For technical reasons, the user experience within the Service may change slightly depending on factors including, but not limited to, your language, currency or operating system. Franz cannot guarantee that every user will always have the exact same features and services available to them within the Service, and will have no obligation to provide a refund of any amounts previously paid.

Limitation of Liability

In no event will Franz, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services and opportunity costs; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Franz under this agreement during the twelve (12) month period prior to the cause of action. Franz shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Franz Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Austria or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Franz, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Franz and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Franz, or by the posting by Franz of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the Austria, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Vienna, Austria. The provisions of the United Nations Convention on the International Sale of Goods shall not apply to this Agreement. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Franz may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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