Terms of Use

Effective date of terms of use: June 26, 2017

This website located at http://www.frank.ai (the “Site”) is run by Frank Technologies Inc (“Frank”). These Terms of Use govern your use of the Site. Please read these Terms of Use carefully since your access and use of the Site is deemed to constitute your acceptance of the Terms of Use set out herein. If you do not agree to accept and abide by these Terms of Use you should not access or use the Site. These Terms of Use may be updated from time to time. Updated versions will be posted on the Site and are effective immediately. Your continued access or use of the Site after any such changes are posted will constitute your acceptance of these changes.

1. Use of the Site

The Site and its contents are intended for users of Frank Technologies Inc. You may not use the Site or its contents for any purpose not related to your business with Frank Technologies Inc.

2. User Portions of the Site

In order to be able to access and use the Site for the purposes of creating online media campaigns and/or uploading online banners, access to the user portions of the Site is required. Access to the user portions is password protected and is available only for registered users of the Site. You can become a registered user of the Site by registering yourself as a user by entering into a User Agreement with Frank Technologies Inc.

3. Intellectual Property

All materials on the Site (the “Materials”) are the property of Frank Technologies Inc and its licensors and may be protected by intellectual property laws. Unless you have entered into a separate agreement with Frank Technologies Inc, any other use of these Materials without Frank Technologies Inc's written permission is prohibited.

4. Infringements of Intellectual Property Rights

Frank Technologies Inc respects the intellectual property of others, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Frank Technologies Inc with a written notice of such infringement.

5. Privacy

Frank Technologies Inc is committed to respecting the privacy of the personal data of the individuals with whom it interacts. Frank Technologies Inc has developed a Privacy Policy to describe its privacy policies and practices in addition to how Frank Technologies Inc collects, uses and discloses the personal data of the users of the Site. Please see the Privacy Policy for further details.

6. Changes of the Site and Materials

Frank Technologies Inc may amend, revise, supplement or delete information and the Materials contained in and/or services rendered through the Site. Frank Technologies Inc may make such changes without prior notification to past, current, or prospective visitors.

7. Accuracy of Information and Materials

Frank Technologies Inc will use reasonable efforts to ensure that the information and Materials provided on the Site are correct. However, Frank Technologies Inc cannot guarantee the accuracy of all information and Materials, and does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information and/or Materials contained on the Site. Any reliance upon the information and the Materials on the Site shall be at your own risk.

8. Links to Other Websites

Links on the Site may take you outside the Site to third party websites. Frank Technologies Inc accepts no responsibility for the content, accuracy, or function of these other third party websites. The links are provided in good faith and Frank Technologies Inc cannot be held responsible for any subsequent change in third party websites to which Frank Technologies Inc provides a link. The inclusion of any link to third party websites does not imply endorsement by Frank Technologies Inc. Frank Technologies Inc highly recommends that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

9. Operation of the Site, Software Problems and Viruses

Frank Technologies Inc does not warrant that the operation of the Site will be uninterrupted or error-free, or that the Site is free from viruses or other components that may be harmful to equipment or software. Frank Technologies Inc does not guarantee that the Site will be compatible with the equipment and software which you may use and does not guarantee that the Site will be available all the time or at any specific time. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Site. Frank Technologies Inc shall not be responsible for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property as a result of your access or use the Site. Frank Technologies Inc recommends that you install appropriate anti-virus, spyware and/or other protective software.

10. The Site and Materials Provided “As Is”

The Site and the Materials are provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Frank Technologies Inc does not represent or warrant that the Site or the Materials will meet your requirements or that their use will be uninterrupted or error free.

11. Frank Technologies Inc's Limitation of Liability

You assume all responsibility and risk for use of the Site and the Materials including without limitation any of the information contained therein. In no event are Frank Technologies Inc, its affiliates, its distribution partners, its content providers, its clients, or their respective directors, officers, employees, shareholders, partners, agents or licensees liable for any incidental, indirect, punitive or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, damage, action or other proceeding arising out of these Terms of Use, including without limitation your use of, reliance upon, or access to the Site, the Materials, or any part thereof, or any rights granted to you hereunder, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights, or otherwise. No action, regardless of form or nature, arising out of these Terms of Use may be brought by or on behalf of you more than two (2) years after the cause of action first arose. Frank Technologies Inc's total maximum aggregate liability under these Terms of Use or in respect of the use of any and all parts of the Site or the Materials in any manner whatsoever shall be limited to ten euros (€10). Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, the liability of Frank Technologies Inc or its affiliates, its distribution partners, its content providers or its clients, or their respective directors, officers, employees, shareholders, partners, agents or licensees shall be limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify and hold Frank Technologies Inc harmless against all claims or liability asserted against Frank Technologies Inc arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

13. No waiver

Frank Technologies Inc's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

14. Severability

If any of the provisions of these Terms of Use turns out to be partially or completely illegal, void, or unenforceable, this does not affect the validity of the other provisions of these Terms of Use. In this case the parties agree upon the replacement of the illegal, void or unenforceable provision with a new provision the purpose of which is as similar as possible to the provision which turned out to be illegal, void or unenforceable.

15. Applicable Law

The Site is controlled, operated and administered by Frank Technologies Inc in Estonia. The Site can be accessed from all countries around the world. As each of these countries has laws that may differ from those of Estonia, by accessing the Site, you acknowledge and agree that all matters relating to access to, or use of the Site shall be governed by the laws of Estonia (without reference to conflicts of laws principles).

16. Dispute Resolution

Any and all disputes arising out of or in connection with the access or use of the Site shall be resolved through negotiations, if the parties do not reach an agreement regarding the dispute, then the dispute shall be settled in the courts of the Republic of Estonia pursuant to the procedure set forth by the law.

17. Refund Policy

You can easily cancel your campaign order at any time. There are no cancellation fees, though no refunds are provided for prorated periods. All the unspent money will be refunded to your account within 30 days after your cancellation. If the set budget is too big for the created campaign we will refund all the unspent money, 30 days after the campaign has ended, to your account.

18. Language

These Terms of Use and all related documents shall be drawn up in English.