Terms of Service

1. Acceptance of Terms

Welcome to Frodito. These Terms of Service ("Terms") govern your access to and use of the Frodito platform, including our website, mobile applications, and all related services (collectively, the "Service").

By creating an account, accessing, or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Frodito. We reserve the right to update these Terms at any time, and your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 16 years of age to use Frodito. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

2.2 Account Registration

To use Frodito, you must create an account by providing:

• Your full name
• A valid email address
• A secure password meeting our requirements (minimum 12 characters with uppercase, lowercase, number, and special character)

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized access or security breach. Frodito will not be liable for any loss or damage arising from your failure to protect your account information.

2.4 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update your information as necessary. Providing false or misleading information may result in account termination.

3. Subscription Plans and Billing

3.1 Subscription Tiers

Frodito offers the following subscription plans:

3.2 Payment Processing

All payments are processed securely through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring monthly basis until you cancel your subscription. Prices are in EUR and exclude any applicable taxes.

3.3 Billing Cycle

Subscriptions are billed monthly in advance. Your billing cycle begins on the date you subscribe and renews automatically on the same day each month. If a renewal date falls on a day that doesn't exist in a given month, renewal will occur on the last day of that month.

3.4 Failed Payments

If a payment fails, we will attempt to process the payment again. If payment continues to fail, your subscription status may change to "past_due" and access to certain features may be restricted. After multiple failed attempts, your subscription may be canceled.

3.5 Price Changes

We reserve the right to change our pricing at any time. If we increase the price of your current plan, we will provide at least 30 days' advance notice via email. The new price will apply to your next billing cycle after the notice period, unless you cancel your subscription.

3.6 Refund Policy

Subscription fees are non-refundable except where required by law. If you cancel your subscription, you will retain access to paid features until the end of your current billing period. No partial refunds will be issued for unused time.

4. Cancellation and Termination

4.1 Cancellation by You

You may cancel your subscription at any time through your account settings or the Stripe billing portal. Upon cancellation, your subscription will remain active until the end of the current billing period, after which you will be downgraded to the Free plan.

4.2 Downgrade Impact

If you downgrade to a plan with lower limits (e.g., fewer teams or members), and you exceed those limits, we may archive or restrict access to teams or features until you comply with the new plan's limitations.

4.3 Termination by Frodito

We reserve the right to suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Abuse or misuse the Service
• Provide false or misleading information
• Fail to pay subscription fees
• Harass, threaten, or harm other users

We will provide notice of termination where reasonably possible. In cases of serious violations, we may terminate your account immediately without notice.

4.4 Effect of Termination

Upon termination, your right to access and use the Service will immediately cease. We may delete your account data in accordance with our data retention policies. You will not be entitled to any refund of prepaid subscription fees.

5. Acceptable Use Policy

5.1 Permitted Use

Frodito is designed to facilitate team engagement and connection in workplace settings. You may use the Service for its intended purpose in compliance with these Terms and all applicable laws.

5.2 Prohibited Conduct

You agree NOT to:

• Upload or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Violate the intellectual property rights of others
• Attempt to gain unauthorized access to the Service, other users' accounts, or our computer systems
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Use automated systems (bots, scrapers, etc.) to access the Service without our written permission
• Collect or harvest personal information of other users
• Transmit viruses, malware, or any other malicious code
• Engage in any activity that could damage, disable, or impair the Service
• Violate any applicable local, national, or international law
• Use the Service to spam, phish, or send unsolicited messages
• Circumvent rate limits or access restrictions

6. User Content and Intellectual Property

6.1 Your Content

You retain all ownership rights to the content you submit to Frodito ("User Content"), including prompt responses, comments, photos, and custom prompts. By submitting User Content, you represent and warrant that you own or have the necessary rights to share such content.

6.2 License to Frodito

By submitting User Content, you grant Frodito a non-exclusive, worldwide, royalty-free license to use, reproduce, store, modify, and display your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your content or account, except where content has been shared with others or as required for backup purposes.

6.3 Content Visibility

User Content you share via prompts and posts is visible to members of your team(s) based on your sharing settings. You can choose to post anonymously where supported, or toggle post visibility. However, content shared with others may remain visible to them even if you later change visibility settings.

6.4 Content Moderation

We reserve the right (but have no obligation) to monitor, review, and remove User Content that violates these Terms or is otherwise objectionable. However, we do not pre-screen content and are not responsible for User Content posted by others.

6.5 Frodito Intellectual Property

The Service, including its design, features, functionality, text, graphics, logos, and software, is owned by Frodito and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

6.6 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to compensate you. We may incorporate your feedback into the Service without restriction.

7. Data Retention and Deletion

Frodito automatically manages data retention as follows:

• Prompt responses and posts: Automatically deleted after 24 hours to encourage authentic, in-the-moment sharing
• Daily prompts: Deleted at the end of each day
• Team invitations: Expire and are deleted after 7 days
• Account data: Retained until you request account deletion
• Game statistics: Retained for leaderboards and historical records

You can request deletion of your account and associated data at any time by contacting support. We will process deletion requests within 30 days, except where we are required to retain data by law.

8. Third-Party Services and Links

The Service integrates with third-party services including Stripe for payments, AWS for storage, and others. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices, content, or services of third parties.

The Service may contain links to external websites. We do not endorse or control these websites and are not responsible for their content or practices. Accessing third-party links is at your own risk.

9. Disclaimers and Limitations of Liability

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 No Guarantee of Availability

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We may suspend or discontinue the Service at any time without notice. We are not liable for any downtime, data loss, or service interruptions.

9.3 User Content Disclaimer

We do not endorse, verify, or control User Content posted by others. You use the Service and interact with User Content at your own risk. We are not responsible for the accuracy, legality, or appropriateness of User Content.

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRODITO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR EUR 100, WHICHEVER IS GREATER.

9.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Frodito, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

11. Dispute Resolution and Governing Law

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. The European Union's General Data Protection Regulation (GDPR) applies to the processing of personal data.

11.2 Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Service, you agree to first attempt to resolve the dispute informally by contacting us at support@frodito.com. We will work in good faith to resolve the dispute within 30 days.

11.3 Arbitration

If we cannot resolve the dispute informally, you agree that any legal action or proceeding shall be submitted to binding arbitration, except where prohibited by law. Arbitration will be conducted in accordance with the rules of a recognized arbitration body in Ireland.

11.4 Jurisdiction

Where arbitration is not applicable or permitted, you agree to submit to the personal jurisdiction of the courts located in Ireland for the resolution of disputes.

11.5 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This waiver does not apply where prohibited by law.

12. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service without liability. Your continued use of the Service after such changes constitutes acceptance of the modifications.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Frodito regarding the Service and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

13.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted transfer in violation of this section is void.

13.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, or governmental actions.

13.6 Survival

Sections of these Terms that by their nature should survive termination will survive, including but not limited to: intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution.

14. Updates to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you via email or through the Service
• Provide at least 30 days' notice for material changes

Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service and may cancel your account.

15. Contact Information

If you have questions about these Terms, please contact us: