Terms of Service

Terms of Service

The following terms and conditions govern all use of the Franz App, meetfranz.com website and all content, services and products available at or through the website, including, but not limited to, the meetfranz.com, (taken together, the Website). The Website is owned and operated by Stefan Malzner. (Franz). The App and Website 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 Franz App and Website. By accessing or using any part of the App and Web site, 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 Website or use any services. If these terms and conditions are considered an offer by Franz, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Franz Account and Site

If you create an account on the Website, 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.

Responsibility of Contributors

By submitting Content to Franz for inclusion on your account, you grant Franz a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Franz will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Franz has the right (though not the obligation) to, in Franz’s sole discretion (i) refuse or remove any content that, in Franz’s reasonable opinion, violates any Franz policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Franz’s sole discretion. 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 an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your dashboard.

Restricted Use

You may not use the Franz app or meetfranz.com to substantially replicate products or services offered by Franz. 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 Franz App or meetfranz.com may be temporarily or permanently revoked, with or without notice.

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 Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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 of the Website, or from any downloading by those visitors 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 Franz App or meetfranz.com links, and that link to meetfranz.com. Franz does not have any control over those non-Franz websites and webpages, and is not responsible for their contents or their use. By linking to a non-Franz website or webpage, 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 and webpages.

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 Franz, or the Website are trademarks or registered trademarks of Franz or Franz’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Franz or third-party trademarks. Advertisements.

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 Website 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 Website (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 Website 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 discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Franz if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Franz’s notice to you thereof; provided that, Franz can terminate the Website 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 Website 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 Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Disclaimer of Warranties

Franz may terminate your access to all or any part of the Website 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 discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Franz if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Franz’s notice to you thereof; provided that, Franz can terminate the Website 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.

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; (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 Website 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 the United States or the country in which you reside) and (ii) your use of the Website 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 Website, 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 Franz App or Website 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. 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.

The last update to our Terms and Conditions was posted on October 15, 2017.

These Terms of Service are an adapted version of automattic.com/privacy/ which is generously availabe under a Creative Commons Sharealike license.