GENERAL TERMS OF SERVICE


Fragsheet AB ("Fragsheet") provides a digital platform, community and other services. Fragsheet is a Swedish corporation with registered and business offices at Grev Turegatan 30, 114 38 Stockholm, Sweden.


The General Terms of Service ("GTS") apply between Fragsheet and yourself when you use the products and services provided on our website www.fragsheet.com, the Fragsheet mobile app, Fragsheet pro, or any related product or service provided by Fragsheet (the "Service" or "Services").


By starting an account and by using the Services, you agree to these GTS. If other terms and conditions apply to your use of any specific Service, those terms and conditions will be specified in that context. If any such terms and conditions are contradictory to these GTS, the specific terms of service will apply.


The safety and wellbeing of all our users are of great importance to us, and for that reason Fragsheet have established these GTS, which shall be complied with by all our users.


1. ACCESS TO OUR SERVICES

To access the Services, you need access to the Internet, and you must register an account with Fragsheet. When you register your account, you will have to fill out certain information such as a password and username. It is your responsibility to keep such information secure and protected from others to limit unwarranted access. The account you register is your personal account, and you may not allow anyone but yourself to access your account.


If you are under 13 years old you may not access or use the Services, unless you have received prior written permission from Fragsheet. If you are over 13 but under 18 years old, you need parental consent to be allowed to access and use the Services.


2. FRAGSHEET'S RIGHT TO SUSPEND AND/OR TERMINATE YOUR ACCOUNT

Your right to access and use the Services is subject to your compliance with these GTS. If Fragsheet, in its own discretion, reasonably consider that you are in breach of the GTS, Fragsheet reserves the right to suspend or terminate your right to use or access the Services. If your right to use and access the Services has been terminated, you may not access the Services again unless you are granted an exemption by Fragsheet. If the right to access and use the Services has been suspended, Fragsheet may in its own discretion decide when to give you access again.


If you access or use our Services despite being underage, and without consent from Fragsheet or by a parent, there is no valid agreement between you and Fragsheet, and your access to the Services is unauthorized. If Fragsheet discover you are using the Services when unauthorized to do so, Fragsheet will terminate your access to the Services.


3. OUR SERVICES


4. YOUR OBLIGATIONS

When you access or use our Services, there are certain rules and obligations you must comply with regarding your use, behavior, and general conduct. These rules and obligations are explained to you in this section 4 of these GTS.


  4.1. True and accurate information

Fragsheet may request certain information from you, for example when you are opening your account. Any such information that you provide about yourself must be truthful, accurate and complete. It is your responsibility to keep such information updated and make sure such information remains true and accurate for the entirety of your use of the Services.


  4.2. Comply with applicable law

When using the Services, you must comply with applicable laws of the country that you are in. For instance, you may not access or use the Services if you are not legally allowed to enter a contract, and you may not commit criminal acts on or while using the Services. It is your responsibility to know your legal obligations, and if it can reasonably be suspected that you violate applicable law, as Fragsheet reasonably determines, Fragsheet may terminate or suspend your access and use, depending on the specific circumstances.


  4.3. What you are not allowed to share or say

Fragsheet values your right to be able to express yourself, and the opportunity to share things that is important to you. However, anything you express in your communications with others or on the Services while accessing or using our Services is your responsibility.


Please note that there are limits to consider when using our Services. You may not act in a way that may be perceived as unlawful or otherwise inappropriate. Fragsheet reserves the right to, in its sole discretion, reasonably determine if you act within the following rules. In determining what does and does not constitute allowed content, Fragsheet will take into consideration the context you act within.


In particular, Fragsheet will not allow any of the following material, files, documents, verbal expressions or other communications (below "Content") to be said and/or shared while you use our Services:



4.4. What you are not allowed to do

    We do not allow illegal activities or any other activities which disrupt either the functioning of the Services or the enjoyment and safety of other users. In particular, you may not:



5 INTELLECTUAL PROPERTY RIGHTS


  5.1. Your intellectual property

You are welcome and encouraged to contribute to the Fragsheet community by creating and uploading content. You are responsible for the sharing of that content. You may only upload and share content which you own or have obtained the necessary rights to under applicable law. You may not share or upload content which infringes the rights of a third party, including intellectual property rights. Any action taken against you by a third party for content which you have uploaded or shared on the Services is your sole responsibility and Fragsheet may never be held liable for such actions on your part.


You hold and retain all rights to your own creations, and you may freely upload any such material to our Services. However, in doing so, you will grant us a non-exclusive, un-limited, perpetual, worldwide, irrevocable, royalty-free, fully sublicensable and assignable license to among other things publish, use, reproduce, modify, translate, create derivates of and distribute any and all such content created by you and used on or in connection with the Services. Please note that this includes any content that you share, post, comment, or otherwise publish on any of the Services.


By using our Services, you do not gain any rights to any intellectual property rights held by Fragsheet or other users, unless explicitly stated herein.


  5.2. Fragsheet's intellectual property

All content, material, design, software or any other intellectual property used, displayed or developed for the purpose of providing the Services are owned by Fragsheet, with the exception of such content where our users hold the intellectual property rights, or (if applicable) intellectual property rights belonging to a third party which is duly licensed to Fragsheet.


Fragsheet holds and retains all trade names and trademarks, images, logos, slogans, look and feel, design of interface, custom graphics or other design, and any script and code used in association with the Services, (jointly "Designs") except (if applicable) intellectual property rights of Designs belonging to a third party which is duly licensed to Fragsheet.


You may only use Fragsheet’s intellectual property as specified in these GTS, and Fragsheet reserves all rights not explicitly granted herein. Nothing in the GTS shall be construed to grant you a license for the use of any of Fragsheet’s intellectual property, except as expressly stated herein. What is stated under this section 5.2 also applies to any rights of subsidiaries to Fragsheet, as well as to any third-party licensee or materials.


You may never use any of the Designs, wholly or in part, in any context without the prior written consent from Fragsheet, including but not limited to when it may cause confusion to users or if it may cause disrepute , or discredit, Fragsheet or its Services unless specifically set out otherwise herein.


  5.3. Your license

For the purpose of your use of the Servies, you are granted a non-exclusive, royalty-free, non-transferrable, non-assignable, and not sublicensable right to use software, Designs and other intellectual property rights of Fragsheet to the extent necessary for the use of the Services, as provided as a part of and within the Services. This is to allow you the full use and benefit of the Services and cannot be used for any other purpose.


6. PRIVACY

We value your privacy and integrity. Fragsheet handles your data with care and in accordance with applicable data protection legislation, such as the GDPR. For more information on how Fragsheet handle your personal data and privacy issues, please see our Privacy Policy and our Cookie Policy.


7. THIRD PARTY CONTENT

Fragsheet is not responsible for any third party content in our Services or that you may access through the Services, such as advertising or third party web-pages. Please see their respective terms of use, privacy policy etc. before interacting. You agree that Fragsheet cannot be held liable for anything that occur to you while visiting or using any such third-party services or products outside the Services, even if you gained access to it through the Services.


8. USER CONTENT

We reserve the right to remove any content shared or uploaded by you, if Fragsheet is made aware of that you do not have the legal rights to share the content in question, or if the content otherwise breaches any of the terms and conditions set out in these GTS.


Please be advised that Fragsheet do not take responsibility for the accuracy, veracity or reliability of any content shared published or uploaded by users in the Services. Fragsheet do not endorse or support any statements or opinions given by users in the Services. If you rely on content created by users in the Services, you do so at your own risk.


By using the Services, you may be exposed to content which you find offensive or inappropriate. Such content is the responsibility of the user sharing or posting the content. You may report any such content to Fragsheet, and the content will be reviewed in due course. Fragsheet reserve the right to solely determine how to proceed in each case.


If you share content on our Services, you understand that there is a risk that third parties may, without your consent, use, copy or otherwise dispose of your content, including content that you hold the intellectual property rights to. You agree that Fragsheet is not liable for any damage arising from such unlicensed activities by third parties, such as other users.


9. DISCLAIMER AND LIMITATION OF LIABILITY

The Services are provided ”as is” and “as available”. Fragsheet is not liable for any loss incurred by you, unless caused by Fragsheet’s breach of the GTS, subject to the limitations of liability set forth herein. Fragsheet has no responsibility and makes no warranty for the content or functioning of the Services, the behavior, or actions of other users, or for content provided by third parties. Neither does Fragsheet warrant or guarantee any fitness for a particular purpose or non-infringement.


Fragsheet is not, to the maximum extent permitted by applicable law, liable for any direct, indirect, incidental, special, punitive or consequential damage or loss of profits or data arising from or in connection to your access, use, or inability to access or use the Services or any such damage or loss of profit or data arising from or in relation to any third party´s content or use of a third part service or products.


Freesheet´s liability arising in connection to these GTS or the Services, shall, to the extent permissible under applicable law, not under any circumstances exceed an amount of 10 000 SEK.


10. UPDATES TO THESE TERMS AND CONDITIONS

We may amend or update these GTS. We encourage you to regularly review the GTS to keep you updated on your rights and obligations hereunder. The from time to time applicable version of the GTS is found here (General Terms of Service).


Your continued use of the Services constitutes an acceptance of changes made to the GTS and it is your responsibility to keep yourself informed regarding your obligations and rights.


Fragsheet will however give notice of any material changes to the GTS in an appropriate manner, for example via e-mail, on the applicable website or application, or directly via your account on the Services.


You may at any time without cost close your account and cease using the Services.


11. UPDATES, UPGRADES AND NEW VERSIONS OF THE SERVICES

We may from time to time update, upgrade, change or modify the Services. Changes may for example be due to bug-fixes, new or improved functions or new modules. Those changes may require you to download and/or install updates or patches to the Services which will alter the Services.


You hereby accept and understand that downloading and installing such changes may alter how the Services function and how you interact with the Services. If Fragsheet make updates available to you, you have to install them for the proper functioning of the Services. If you use the Services without installing updates which have been made available to you, Fragsheet cannot be held responsible for any malfunction in your use of the Services.


Please note that Fragsheet may solely determine if, when, how and in what manner updates are provided. Fragsheet does not guarantee updates nor that any specific changes are made to the Services.


12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fragsheet, its affiliates, licensors, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your access to, use or misuse of the Service (including actions, claims or demands made by third parties).


13. GOVERNING 

This Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law. The parties hereby, except for arbitration where applicable under section 14 below, and to the extent compliant with applicable law in your jurisdiction, consent to the sole and exclusive jurisdiction of the general courts of Sweden to resolve any disputes arising out of or in relation to this Agreement. Unless set forth otherwise in mandatory law, District Court of Stockholm shall be first instance. Notwithstanding anything to the contrary, Fragsheet may apply to any court of competent jurisdiction for injunctive or other equitable relief or payments.


14. DISPUTES


  14.1. Disputes with Fragsheet

If you wish to raise a complaint, or if you have a claim against Fragsheet, you agree to first contact us in writing, to attempt to solve any issues informally. This can be done to our support email, specified in the “contact us” section. Please include your name, residential or email address, as well as a description of your complaint or issue, and Fragsheet will revert as soon as possible. If a satisfactory solution to your complaints cannot be reached within 60 days of us receiving your complaint, you or Fragsheet may initiate legal proceedings in accordance with these GTS, or if applicable, as set forth by mandatory law in the jurisdiction where you reside.


  14.2. Arbitration

If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding

non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at

1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following

rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in a small claims court of competent jurisdiction. You may choose to waive this arbitration term. Then neither you nor Fragsheet can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Fragsheet in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your Service account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to our addresses specified in the “contact us” section. If you do not waive this arbitration section it will continue to apply to you.



  14.3. Disputes with other users, etc.

You are solely responsible for your interactions and transactions with other users of the Services and other third parties such as publishers, partners or advertisers. Fragsheet reserves the right to monitor disputes between you and other users but have no obligation to do so.


15. WARNING FOR PHOTOSENSITIVE SEIZURES

A very small percentage of the population may experience seizures when exposed to certain light patterns or flashing lights. We do not filter out content on the Services which may trigger such seizures, and Fragsheet do not take responsibility for such effects in the Services. You are accessing and using the Services at your own risk. Nor does Fragsheet take any responsibility for motion sickness, any balance problem etc. that may occur from using the Services. If you have an epileptic condition, please consult a physician before accessing the Services.


16. YOUR FEEDBACK

We are always happy to receive feedback, suggestions and ideas from you regarding our Services. When sending us such feedback, you agree that Fragsheet may freely use, implement or publish any feedback which you provide to us, without any restriction or obligation to compensate you, and you will not, to the extent possible under applicable law, have any legal ownership or right to any such feedback or suggestions, or the results thereof.


17. MISCELLANOUS


  17.1.Term and termination

These GTS, or subsequent version thereof, are in effect until you close your account and cease to use the Services. Fragsheet may change or discontinue the Services in whole or in part at any time and for any reason, with no liability. Likewise, Fragsheet may terminate the Services at any time and for any reason at our sole discretion, with no liability. If you have made any payment, you will not receive a refund if Fragsheet elect to terminate the Services. Sections 5, 7, 8, 9, 12, 13, 14, 15, 16 and 17 of the GTS shall survive any termination.


  17.2.Severability

If for any reason any provision of the GTS shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall (in that jurisdiction) be ineffective only to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability of the rest of the GTS. The provision in question shall remain enforceable in any other jurisdiction.


  17.3.Entire agreement

The GTS constitute the entire agreement between you and Fragsheet with respect to the subject matter hereof and supersedes all previous written or oral agreements between us.


  17.4.Assignment

Fragsheet may assign its rights under these GTS without your consent. You may at any time close your account and cease using the Services. You may not assign your rights or obligations under these GTS.


18. CONTACT US

The Service and related products and services hereunder are offered by Fragsheet AB, a Swedish corporation with registered offices at Grev Turegatan 30, Helio GT30, 114 38 Stockholm, Sweden. If you have any questions or concerns about the GTS, contact us at:


Email: contact@fragsheet.com




Last Updated: 2022 / 07 / 11