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
- 3:1 Community
- 3:2 Sharing
- 3:3 Discovery
- 3:4 Engagement
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.
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.
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.
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:
- - Content that may be considered unlawful or illegal;
- - Content that may be considered racially or ethnically offensive;
- - Content that may be considered anti-LGBTQ or sexist;
- - Fraudulent and/or misleading Content;
- - Infringement of someone else’s rights, including, but not limited to, intellectual property rights;
- - Content that expresses self-harm;
- - Sexually explicit or pornographic Content;
- - Content that may be considered threatening or abusive;
- - Content that may be considered violent or gory;
- - Content that may be considered harassment, stalking or bullying;
- - Content that may be considered marketing (such as advertisement) without having an agreement with Fragsheet;
- - Promotion of, or forwarding from others, any of the above, as applicable.
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:
- -Take actions which disturbs or disrupts our Services or our servers (including but not limited to knowingly engage in DDoS-attacks);
- - By deception or fraud unjustly enrich yourself when using the Services. Fragsheet reserve the right to revoke any and all rewards gained from utilizing the Services in any way other than the intended use;
- - Upload any malicious code or programming, trojan horses, viruses or similar malware, including code which alters how the Services appear or function;
- - Attempt to disassemble, decompile or reverse engineer any software or code used for the purpose of providing the Services (including source code), except where such activity is expressly allowed either by us, or by applicable law;
- - Attempt to collect any data from the Services which you do not have specific permission to access, including but not limited to personal data of others;
- - Systematically collect contact information from, or pertaining to, other users, including but not limited to for marketing purposes;
- - Falsely present yourself as someone whom you are not (this does not include using an avatar or nickname) or present yourself as being associated with someone else who you are not, in fact, associated with;
- - Attempt to collect personal information pertaining to other users generally, and especially not for the purposes of identifying that person, regardless of such information being used or shared ("doxing");
- - Create derivative works of the Services or parts thereof;
- - Bypass any restrictions placed on your use of the Services by Fragsheet, such as suspension or termination;
- - Attempt to use another user’s account without their permission;
- - Attempt to use the Services for the selling or buying of goods or services, whether legal or illegal;
- - Abuse the functions of the Services, by for instance sending excessive amounts of messages to Fragsheet or others;
- - Sell or buy accounts.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
Last Updated: 2022 / 07 / 11