End User Licensed Agreement

Introduction

This Frog User Agreement (the "Agreement") is a legal document which sets out your rights and obligations, and those of Frog ("we" or "us") and in relation to the Service.

 

You must take the time to read and understand this Agreement before registering for the Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Service who do not register to become a User similarly affirm that they are bound by this Agreement each time they access the Service.

 

Some of the points addressed in this Agreement will have relevance only if and when certain functionality, such as the ability for Users or Students to interact with each other through the Service, is introduced by us. However, it is important that we make you aware of those points at the time you enter into this Agreement with us.

 

You should be aware that this Agreement may change from time to time in accordance with Clause below.

Acceptance of these Terms of Use

The App and the Service are owned and operated by Frog, Inc. ("Frog" "we," or "us") and are accessed by you under the Terms of Use described herein ("Terms of Use", "Terms of Service" or "Agreement"). Please read these Terms of Use carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

 

Modifications of these Terms of Use

We may revise these Terms of Use from time to time, and the most current version will be available on the App. If the revision(s), at our sole discretion, is considered a material change we may attempt to notify you by posting an announcement on the App. You are responsible for reviewing and becoming familiar with any modification, and you agree to be bound by such modifications or revisions. Use of the App or the Service after any such revision(s) constitutes your acceptance of the terms and conditions of these Terms of Use as modified.

Your Registration Obligations

When you register to become a User, we ask you to provide some information about yourself. You must be honest about this information.

 

You must not enter a name that could potentially infringe anyone's rights, which is intended to confuse, or which is offensive, hurtful or otherwise inappropriate, as reasonably determined by us. We may change a name if we think it offends this Agreement.

 

You may not (i) select or use as a Frog User ID, with a person's name other than your own, with the intent to impersonate that person; (ii) use a Frog User ID with the name of a person other than you without appropriate authorization; (iii) use a Frog User ID name that is vulgar, obscene or otherwise offensive; (iv) use or attempt to use another user's account, username, or password without their permission; We reserve the right to refuse registration of, or cancel a Frog User ID at our discretion. If you select a User ID for your account we reserve the right to remove or reclaim it if we believe it infringes upon another's rights or marks. You are responsible for all activities occurring under your Frog User ID and for keeping your password confidential and secure, and you agree to immediately notify us of any unauthorized use of your Frog User ID or password.

Privacy Policy and Community Guidelines

Frog's Privacy Policy and Community Guidelines form part of this Agreement, and by agreeing to this Agreement, you also give your acknowledgment to the way we may handle your personal data as detailed in that Privacy Policy, and agree to use the services in a way that our Community Guidelines allow.

Operation of Services

Frog reserves the right to withdraw or modify aspects of the Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Service becomes inaccessible as a result of technical difficulties experienced by Frog or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.

 

There may be times when we make the Service unavailable so that we can conduct technical work on it. Therefore, please note that we cannot guarantee that the Service will always be available at times of your choosing.

 

Note that we will never ask you for your password, and that you are solely responsible for maintaining the safety and secrecy of your password and any additional identifying information. You will be responsible for the activities of anyone who uses your password to gain access to your account. If you think that someone may have obtained your password, you must change it immediately.

Misuse of Service

The Service is intended to be used by its Users for the purposes we describe in this Agreement and on the Service itself. Accordingly, Users must not (a) place material on, or otherwise use, the Service for any business or commercial purpose; or (b) use their access to the Service, or information gathered from it, in connection with the sending of unsolicited bulk email (sometimes known as spam). In addition, Users (and Students associated with the User's account) must not (i) be abusive, discriminatory or threatening, or harass or communicate offensive messages or images to another User or any Student, whether or not through the Service; (ii) infringe the intellectual property or other rights of any person or entity, (iii) breach any applicable law, whether criminal, tortious or otherwise, or (iv) disrupt others' use of the Service.

 

We reserve the right (a) to suspend or terminate any User's access to the Service, or parts of it, and/or (b) to remove, or require the User to remove, material posted on the Service, if the User or material appears to us, or to someone who has complained to us, to be in breach of any provision of this Agreement.

 

Any person whose access has been suspended or terminated must not re-register for, or re-access, the Service without our prior consent. You are responsible for everything which is done on or through the Service while your User account (or the accounts of any Student associated with your User account) is logged on to the Service, or through your or their phone number.

 

For completeness, where we reserve a right in this Agreement, it does not mean we are obliged to exercise it.

Alerting Frog

 

If you see anything on the Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us at contact@frogcool.com

Description of the Service; Disclaimers and Releases

Please note that Frog is a platform that brings together USERS. Frog, has no control over users or their conduct while using the app. Frog does not assume any responsibility for or warrant the accuracy of legitimacy of any information provided by any users through the service. Furthermore, Frog does not and has no obligation to screen users or review the accuracy or legitimacy of any information or data provided by any user. Any claim or dispute that may arise between users of the app and/or the service shall be settled by them, as they hereby agree to release and hold harmless Frog from an liability or responsibility to participate in such claim or dispute.

 

By using the service, you agree not to do any of the following; each of which shall be deemed a breach of these terms of service (i) disclose personal contact information to other users through the service, (ii) engage in any illicit, indecent or unlawful behavior or activity, (iv) engage in any indecent, pornographic, racist, offensive, defamatory, or incendiary conduct or behavior or (iv) conduct any commercial activity or engage in any transaction involving the exchange of value between users.

 

you agree to take reasonable precautions in all communications and interactions with other users and with other persons with whom you communicate or interact as a result of your use of the services, particularly if you decide to meet offline or in person.

 

you understand that when using the service, you will be exposed to content from a variety of sources, and that frog is not responsible for the accuracy, usefulness, or safety of or relating to such content. you further understand and acknowledge that, while the services are not provided for pornographic purposes or for making sexually explicit content available, you may be exposed to content that you deem to be offensive, indecent, objectionable, or sexually explicit, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against frog with respect thereto. you also acknowledge and agree that the service and the content available through the service may violate applicable laws in the jurisdiction you are located and it is your responsibility to ensure that the service and the content contained therein does not violate such laws and to indemnify frog in the event such does violate law.

 

While Frog does not take action on every piece of content deemed to be in violation with these terms, by agreeing to these terms of service, you understand and acknowledge that at anytime Frog has the right to remove and/or ban you from using the app at any time, especially in relation to content posted to Moments or shared in Video Chat that violates these terms of service.

Ownership and Standards of User Contributed Content

Using the Service includes creating or uploading different kinds of data and information, including without limitation photos, text, messages, posts, html, URLs, pictures, videos, and other content (collectively, "User Contributed Content"), whether publicly posted or privately transmitted, is the sole responsibility of the Frog user from whom such User Contributed Content originated. Without limiting the foregoing, you are solely and entirely responsible for all of the User Contributed Content that you upload, post, email, transmit or otherwise make available via the App or the Service. We may, but are not obligated to, monitor or control User Contributed Content that is posted, and we take no responsibility for such content.

 

Furthermore, any User Contributed Content or other material you upload via the App or the Service will be considered non-confidential and non-proprietary. We have the right to disclose your identity to any third party who claims that any of the material uploaded/posted by you via the App or the Service constitutes a violation of their intellectual property rights, their rights to privacy or any other proprietary right.

 

In using the App or the Service, you agree not to generate or upload any User Contributed Content that is (1) inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by Frog in its sole discretion, (2) introduce viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code, (3) reverse look-up or trace any information of any other User or visitor or otherwise use the Services for the purpose of obtaining information of any User or visitor, (4) attempt to gain unauthorized access to any portion of the Services, or any systems or networks by hacking, password "mining" or any other illegitimate means, (5) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Services or any data or materials contained therein or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the System, (6) ask or offer sexually explicit images or engage in any activity harmful to minors or (7) otherwise violates these terms.

 

We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Contributed Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Contributed Content of any Frog user will be at your own risk.

 

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Contributed Content, such as User Contributed Content which violates these Terms of Use. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or non-exercise of this right under these Terms of Use.

 

You understand that by using or accessing the App or the Service you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Contributed Content, or any loss or damage of any kind incurred as a result of the use of any Frog Content or User Contributed Content posted, emailed, transmitted or otherwise made available on the App or through the Service.

 

Digital Millennium Copyright Act; Procedure for Making Claims of Infringement

You agree to only upload, post, submit or otherwise transmit User Contributed Content: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Frog respects the legal rights of others, and asks that its users do the same. It is Frog's policy to respond to notices of alleged copyright or other forms of intellectual property infringement provided they comply with applicable laws (most notably, the United States' Digital Millennium Copyright Act or "DMCA"). Repeat offenders will, at Frog's option, have their user accounts and/or access to the App and the Service removed or disabled irrespective of the status of any particular notification or counter-notification. If you believe that your intellectual property rights have been infringed, please provide Frog with written notice of same with the following information:

 

The full name, mailing address, telephone number, contact email address and physical or electronic signature of an owner of an exclusive right that is allegedly infringed, or a person or entity specifically authorized to act on that owner's behalf;

 

Identification of the works claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works;

 

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Frog to locate said material;

 

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights holder, his/her/its agent, or the law;

 

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

And any supporting documentation to help establish the rights at issue, such as copies of a valid and duly executed copyright registration certificate.

 

Notices should be delivered to Frogs Agent for Notices of Infringement Claims:

Email: contact@frogcool.com

 

Frog will, upon receipt of a properly-formatted notice, act expeditiously to remove the allegedly offending content or disable public access to same. Frog will also send a copy of any infringement notice to the party said to be responsible for the infringement at issue. If you have received such a notice, you may opt to file a counter-notice, stating essentially that you dispute the allegations made in the notice and formally requesting that any material removed or disabled be reposted. A counter-notification should include the following information:

 

The full name, address, telephone number, contact email address and physical or electronic signature of the party named in the infringement notice, or a person or entity specifically authorized to act on his/her/its behalf.

Identification of the material(s) claimed to have been removed or disabled by Frog, and information reasonably sufficient to permit the service provider to determine its prior location;

 

A statement that the party making the counter-notice has a good faith belief that use of the material in the manner complained of is not authorized by the rights holder, his/her/its agent, or the law;

 

A statement that the information in the counter-notification is accurate, and under penalty of perjury, that the materials removed were removed or disabled as a result of misidentification or wrongful allegation;

 

A statement that you will accept jurisdiction for disputes relating to this matter in either: (i) the Federal District Court in the district that you reside; or (ii) if you reside outside of the U.S.A., in the District of California.

 

Any supporting documentation to help establish the statements contained in your counter-notification.

Your Property Rights and the Licenses You Grant to Frog

Except as may be stated otherwise in these Terms of Use or elsewhere on the App, we claim no ownership or control over any User Contributed Content. You retain any and all trademark rights and copyright to any User Contributed Content that you submit, sell, post or display on or through the App or the Service, and you are responsible for protecting those rights.

For all content you submit to the Services, you grant Frog, and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms of Service. You remain responsible for the content you create, upload, post, or store through the Service.

As part of this use of information, we may provide aggregate information, not information about you personally, to our partners about how our users, collectively, use the App and the Service. In connection with any of the uses listed above, you agree to release and discharge us, and our affiliates, licensees, and business partners from any claims, actions and demands of any nature, including but not limited to any claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claim.

In granting these licenses to us, and our affiliates, licensees, and business partners, you represent and warrant that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant these licenses, which include but are not limited to any third party rights that are required as a result of the subject matter of your User Contributed Content.

Ownership of Frog Content

Including your own User Contributed Content, we own all right, title and interest, including all worldwide intellectual property rights in all content related to the App and the Service (collectively, the "Frog Content"). The Frog Content, including the App and the Service, is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the Frog Content, including the App and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying any portion of, Frog or its related products and services. Other than explicitly stated herein, you may not make any commercial use of the Frog Content, including the App and the Service, without Frog's prior written approval.

General Prohibitions and Agreements

In addition to the prohibitions set forth elsewhere herein, including, but not limited to Section 5 hereof, you agree not to do any of the following while using the App and/or the Service:

Promotes violence, sexually explicit materials, illegal content, illegal activities, alcohol, tobacco, pseudo-pharmaceutical, prescription drugs, or discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age, or that are otherwise illegal or offensive, as determined in Frog's sole and absolute discretion;

Include in your User Contributed Content any photos or text that contain references to another website, app or merchant;

Make any unlicensed or unauthorized use of, or otherwise infringe violate or misappropriate, any patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right of any third parties;

Defame, bully or harass any third party;

Access, tamper with, or use non-public areas of the App, our computer systems, or the technical delivery systems of our providers;

Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

Attempt to access or search Frog with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided, or specifically authorized, by us or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);

Attempt to alter or modify the App, the Service, the Frog Content, or the User Contributed Content of any other user, or use Frog or any of its services for purposes other than which they were intended;

Send unsolicited email, junk mail, "spam," chain letters, or promotions or advertisements for products or services;

Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Frog to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App or the Service;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the App;

Impersonate or misrepresent your affiliation with any person or entity;

Send illegal material or offensive messages, as determined within Frog's sole discretion, to other Frog users; or

Attempt to circumvent or manipulate our billing process or the fees owed to Frog, if applicable.

We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Frog users who violate these Terms of Use. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operating purposes, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links from Frog to Other Sites

The App may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

We may terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any services, or impose new or additional limits on your ability to use our services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

If you violate any of these Terms of Use, your permission to use and access the App and the Service may be automatically terminated. Should your account or usage be terminated, you are prohibited from creating any new accounts or otherwise accessing the App or the Service without our prior written approval. We reserve the right to revoke your access to and use of the App and the Service at any time, with or without cause. We also reserve the right to cease providing or to change the App and the Service at any time and without notice.

Indemnification

You agree to indemnify and hold harmless Frog, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives and to defend and hold each of them harmless, from any and all claims, liabilities, losses, damages, costs, and other expenses (including attorneys' and expert witnesses' costs and rewards) arising from or relating to: (1) your use of and access to the App or the Service; (2) your violation of any laws or any infringement by you, or any third party using your account or Frog User ID, of any intellectual property, property, privacy, or other right of any person or entity; (3) any breach of any obligation in this Agreement by you; (4) any intentional misconduct or negligence by you in using the App or the Service; or (5) any claim that a user's User Contributed Content caused damage of any kind whatsoever to another user or to any other third party.

Data Protection

 

9.1 In this clause 9, the following terms shall have the following meanings:

 

"User Personal Data" means personal data of a legal person who creates an account on the site.

 

"Data Protection Legislation" shall mean the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the General Data Protection Regulation (EU) 2016/679 (GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 or any successor and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner's Office including any amending or replacement legislation in force from time to time."

 

"Data Controller", "Data Processor", "Data Subject" and "Personal Data", "Sensitive Personal Data", "Special Category Data", "Personal Data Breach", processing and appropriate technical and organisational measures shall have the meanings given to them in the Data Protection Legislation.

 

"Purpose" means the use of User Personal Data for the purposes of performing the Service in accordance with the Agreement.

 

9.2 Each party acknowledges that the factual arrangement between them dictates the role of each party in respect of the Data Protection Legislation. Notwithstanding the foregoing, the parties anticipate that you shall act as a Data Controller and we shall act as a Data Processor in respect of processing the User Personal Data as follows:

 

(a) You shall be a Data Controller in respect of the User Personal Data used to register an account to use the site;

 

(b) We shall be a Data Processor where we are processing User Personal Data on behalf of schools/educators and/or teachers for the Purpose;

 

(c) There may also be circumstances where we act as a Data Controller (for example in relation to any User Personal Data we collect to administer the Service or where we contact Users for marketing purposes).

 

9.3 We each agree to comply with the Data Protection Legislation in relation to the User Personal Data at all times.

 

9.4 Where we process User Personal Data on behalf of schools/educators and/or teachers, section 9.5 of the Agreement will apply, however where we act as a Data Controller we will not be subject to section 9.5 of this Agreement.

 

9.5 When processing User Personal Data on behalf of schools/educators and/or teachers, we shall:

 

(a) Only process the User Personal Data for the Purpose and we will not use the User Personal Data for any other purpose;

 

(b) Maintain appropriate technical and organisation processes, procedures and security measures in place, to safeguard against any unauthorised or unlawful processing and against accidental loss or destruction of, or damage to the User Personal Data.  These measures will be appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting User Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to User Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

 

(c) Ensure that all personnel who have access to and/or process User Personal Data are obliged to keep the User Personal Data confidential;

 

(d) You consent to us transferring User Personal Data outside of the European Economic Area where the transfer is conducted in accordance with the Data Protection Legislation;

 

(e) Notify you of any potential or actual losses of the User Personal Data and/or of any Personal Data Breach without undue delay and provide co-operation and assistance to you to enable you to comply with your obligations as a Data Controller in relation to data breach notification requirements under the Data Protection Legislation;

 

(f) Clause 9.5.(e) above also applies to any breaches of security which may compromise the security of the User Personal Data;

 

(g) Provide you with reasonable assistance in responding to any Data Subject requests in accordance with the Data Protection Legislation;

 

(h) Provide you with reasonable assistance in responding to any request for information received from the Information Commissioner's Office;

 

(i) Upon your written request, delete or return User Personal Data and any copies thereof to you on the termination of the Agreement unless we are required by law to retain the User Personal Data;

 

(j) Maintain complete and accurate records and information to demonstrate its compliance with this clause 9.5(j) and allow for audits by you or your designated auditor.  Any such audits shall only be permitted where you have provided reasonable advance notice to us in writing;

 

(k) You consent to us appointing sub-processors as third-party processors of User Personal Data under this Agreement to assist us in delivering the Service to you under the Agreement.  We confirm that we have entered or (as the case may be) will enter into a written agreement with the third party processor substantially on that third party's standard terms of business. You also consent to us appointing any replacement third party processors;

 

Limitation of Liability

You acknowledge that you are using the app, the service and the frog content at your own risk and that frog, and its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives (collectively, the "frog parties"), will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the foregoing. the app, the service and the frog content are provided on an "as is" basis, and the frog parties hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the frog parties. the frog parties do not represent or warrant that access to the app, the service or the frog content will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the app.

 

The frog parties shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this agreement, the providing of the app, the service or the frog content hereunder, the sale or purchase of any products, services or merchandise via the app or the service and any injury or damage caused Thereby, any misrepresentation or fraud by a user, your access to or inability to access the app, the service or the frog content, including for viruses alleged to have been obtained from the app, your use of or reliance on the app, the service or the frog content, or any of the merchandise, information or materials available on the app regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. you may also have other rights that vary from state to state.

 

You hereby agree to release the frog parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of the app, the service or the frog content. if you are a california resident, you waive california civil code section 1542, which states, in part: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor". the total cumulative liability of the frog parties in connection with this agreement, whether in contract or tort or otherwise, will not exceed $500.

No Assignment

This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without Frog's express prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. Frog may assign this Agreement or any of its rights under this Agreement to any third party without your consent.

Entire Agreement

 

This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

 

Changes to this Agreement

 

Frog reserves the right to change this Agreement from time to time, and post the new version on the Service. When we do so, we notify Users of the fact on the User's Account Homepage, and post or link to the new Agreement there. This Agreement, and any new version of it in the future, takes effect immediately or upon such date as we specify on the main screen. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous Frog Terms and Conditions until one month after the date when we post the new version.

 

Severability

 

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

 

Law

 

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

Notices

Frog may give any notice required by this Agreement by means of a general notice on the App, electronic mail to your email address on record with Frog, or by written communication sent by first class mail or pre-paid post to your address on record with Frog.

Remedies

Frog's remedies for any breach of this Agreement by you will include damages, injunctive relief, specific performance, and restitution. You acknowledge that any breach of this Agreement by you would cause irreparable injury to Frog for which monetary damages would not be an adequate remedy and, therefore, Frog will be entitled to injunctive relief (including specific performance). The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party at law or in equity.

Waiver

All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Entire Agreement; Modifications

This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and understandings between the parties. Frog reserves the right to make changes to this Agreement, at its sole discretion, pursuant to Section 2 above.

Feedback

In the event that you provide Frog with any feedback regarding the App or the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the App or the Service (collectively, "Feedback"), you hereby assign to Frog all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate. You recognize that Frog is not responsible for compensating you in anyway for your feedback.

Contact

You can contact us by email at contact@frogcool.com

 

 

Privacy Policy

The Basics

 

Frog (we) are committed to protecting and respecting your privacy and personal data. This Privacy Policy relates to your use of the Frog mobile application software (the App). As the processing of some data is essential to the functioning of the App if you do not accept the terms of this Privacy Policy you should not use the App.

 

This privacy policy aims to give you information about how we collect and process your personal information through your use of the App.  It makes you aware of how and why your personal information will be used, namely for the purposes of the performance of our contract with you as our User, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR). This policy primarily covers how we use information relating to our parent/guardian Users who set up accounts on behalf of their own children.  In these cases, we will be the “data controller” for the purposes of data protection law. There are also cases where we will be a “data processor” for the purposes of data protection law.  Where educators, teachers or schools set up accounts on behalf of students, we are processing your personal information on behalf of the school/teacher in order that they can provide educational services to their students.  In circumstances where we are a data processor, it is the educator/school/teacher who decides what personal information to collect and how that information is used. Any questions that you may have relating to your personal information and your rights under data protection law should therefore be directed to the school/teacher as the data controller, not to us.

 

It is important that you read this policy, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information

Scope

The App works in tandem with the website www.frogcool.com (the Website) which is run and operated by Frog.

In this Privacy Policy the terms ‘you’, ‘your’ and ‘yours’ refer to both 1) the Device Owner (being either the owner of the device on which the App has been downloaded or the owner of the account used to purchase the App and 2) the user on the App (if different).

In order to make use of the App the Device Owner must accept these terms. For the case that the App be played by children who are minors, the Device Owner will be accepting this Privacy Policy on behalf of the child player. In these circumstances the Device Owner represents that he or she is either the parent or legal guardian of any child who is using the App.

Data Protection Principles

We are required by the GDPR to ensure that we follow six principles whilst we are processing your information and it is these principles that are central to our processing procedures.  Your information will be:

Used lawfully, fairly and in a transparent way;

Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;

Relevant to the purposes we have told you about and limited only to those purposes;

Accurate and kept up to date;

Kept only as long as necessary for the purposes we have told you about; and

Kept securely.

Information We May Collect From You.

You may give us information about yourself when using the App or communicating with us about the App. Some of this may be Personal data, or personal information as we sometimes call it, which means data which relates to an identifiable living person.

When you use the App we will automatically collect the following non-personal data:

A set of data which encapsulates a student’s progress through the service and other information to provide continuity of the App experience (Saved Data); and we may collect

Technical information, including the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number), mobile network information, your mobile operating system (Device Information);

We will collect the following personal data:

(1) Personally Identifiable Information: may include, without limitation, information provided when you register to use the App and/or the Service, including your unique username, password, name, profile picture, date of birth, phone number, phone book content, address, email address, occupation, employer, gender, age, birthday (2) The information you choose to provide above may be shared with your contacts on our service. You have total control over your profile information and you can access to modify at any time. Your Profile is available to other users of the Service who are connected to you on our service. In addition, unless you opt-out (which you may do so at any time in the settings of our application), your Profile is discoverable by other users. You may choose to “block” any user on our platform to prevent unwanted access of your Personal Information. (3) You may also choose to share your mobile device’s Contacts list with us and we will store it on our servers to help you better improve our service, e.g. connecting with friends on our service. If you do not want us to store this information, you may opt-out through your account settings or notify us via email. If done so, we will not be able to offer some of our features on our service. (4)You’ll provide us whatever information you send through the services. Keep in mind that the users you send texts, images, and any other content to can always save that content or copy it outside the app. Therefore, don’t send messages or share content that you wouldn’t want someone to save or share, we do not have full control over other users’ behavior. When you contact Frog Support or communicate with us in any other way, we’ll also collect whatever information you volunteer.

Use of Cookies

We may use cookies to manage our users' sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. In some instances, our third party service providers may use cookies. We cannot control or access cookies used by third party service providers. This Privacy Policy covers only Cookies used by us, and not any cookies used by third parties. You have the ability to either accept or decline the use of cookies on your computer, whether you are registered with us or not by clicking ok in the web site pop up window related to the use of cookies. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the App and the Service, including without limitation, certain interactive features of the App.

User Contributed Content

When you use our Service, we collect information about which of those services you’ve used and how you’ve used them. Here’s a fuller explanation of the types of information we collect when you use our services:

(1)  Usage Information. We collect information about your activity through our services. We may collect information including but not limited to how you interact with the services, such as which filters you view or the number of times apply to discover and content created when using the service. It includes creating or uploading different kinds of content to the App, including without limitation, photos, text, messages, posts, html, URLs, pictures, video and other content (collectively, “User Contributed Content”), and the metadata that is provided with the content. As you upload User Contributed Content you should be mindful of your privacy as well as the privacy of others.

(2)  How you communicate with other Frog users, such as their names, the time and date of your communications, the number of messages you exchange with your friends, which friends you exchange messages with the most, and your interactions with messages (such as when you open a message or capture a screenshot). We allow you to share text messages, photos, screenshots, videos and other forms of communications on our service with other users, and if you choose to do so your text messages, photos, screenshots, videos and other communications may be stored on our servers. In addition, if you choose to share these items with other users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending and sharing text messages, photos, screenshots, videos or other communications on our service is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available. We are not responsible for any use or misuse of information you share.

(3)  Device Information. We collect device-specific information, such as the hardware model, operating system version, advertising identifier, unique application identifiers, unique device identifiers, browser type, language, wireless network, none direct display of content moderation, and mobile network information (including the mobile phone number).

(4)  User content e.g. photos, screenshots, comments, and other materials that you create on the service may also be collected.

Automatic Information

We may receive and store certain types of information whenever you interact with us. Frog may automatically receive and record information on our server logs from your browser including your IP address, Frog cookie information, and the information you request. Frog may use this traffic data to help diagnose problems with its server, analyze trends and administer the App and the Service. We may also automatically collect usage information, such as the numbers and frequency of users of our App and Service and their components. Frog may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data may enable us to figure out how often customers use parts of the App and the Service, so we can make the App and the Service appealing to as many users as possible. As part of this use of information, we may provide aggregate information, not information about you personally, to our partners about how our users, collectively, use the App and the Service.

 

How We Protect Your Information

Protecting user privacy and personal information is a top priority for us. We process your personal information to improve and enforce our security measures, combat spam, malware, malicious activities, or security risks, and to monitor and verify your identity so that unauthorized users do not access your account with us. Access to any user information is restricted to our employees, contractors, agents, and third-party service providers ONLY whom needs to know the information in order to provide, operate, develop, maintain, support, and optimize the our service experience and security. We use password protection, access logs, and system monitoring to safeguard the confidentiality and security of all user information. Due to the inherent nature of the internet and related technology, we do not guarantee the protection of information under our control against loss, misuse, or alteration.

 

Why do we collect your information?

We will only use your personal information when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where you have given us consent

Where we need to perform the contract we are about to enter into or have entered into with you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal or regulatory obligation.

Your personal data will be collected, processed, stored and used by us, and passed to and processed by our subsidiary and/or affiliated companies and other data processors acting under contract with us for three main purposes:

To register you as a User

To provide and promote the App Service,

To provide customer support

We will retain your personal data only as long as is necessary for the purposes to which the Device Owner consents under this Privacy Policy and any related agreement(s) with us, or as is required by applicable law, and then we will delete it.

Use of Personal Information by Third Parties and the Public

Third Parties

You expressly agree that all of your User Contributed Content, as well as your Personal Information, images and any other data or information contained in your account associated with the implementation of Frog, may be published and made available to the rest of Frog's users. Furthermore, other users may follow you on the App, and your followers can see, for example, the User Contributed Content that you have uploaded to the App. Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We therefore urge you to think carefully about including any specific information you may deem private in your User Contributed Content or other content that you create in the Service.

Use of Related Personal Information in Connection with Third Parties and Our Partners

To protect your privacy, we limit the sharing of Personally Identifiable Information with third parties. We conduct our business with great respect for the confidential nature of the information being provided. We will not share information about you except as outlined below. We do not sell, license, lease or otherwise disclose non-public information about you with such third parties that is likely to uniquely identify or locate any individual or entity to any unaffiliated third party for any reason, except as noted here.

(1)  We may share or disclose user information with such user's consent.

(2)  Where such disclosure is required or appropriate pursuant to laws or securities regulations, including cooperating with government agencies, other regulatory bodies and law enforcement officials, performing background checks, resolving disputes or performing risk-management functions.

(3)  To help us improve our services to you, we may engage another business to help us to carry out certain internal functions such as account processing, client services or other data collection relevant to our business. We may also provide a party with client information from our databases to help us analyze and identify client needs or to notify clients of particular services offerings. Use of the information shared is strictly limited to the performance of the task we request and used for no other purpose.

(4)  As mentioned above, we may share aggregate information about our users with our partners, such as the number of users who used a particular service, which would include as a part thereof your personal information. We do not have any control over, and are not responsible for, our partner's use of this information.

(5)  We may share information with non-financial companies that perform services for us.

(6)  We may share information with affiliates if the information is required to provide the services you requested. An affiliate is a company that we own or control, or with which there is common ownership with us.

(7)  We may also disclose your information as necessary to credit reporting or collection agencies, or when necessary to protect our rights or property.

(8)  While your Personally Identifiable Information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.

(9)  We may share information with the acquiring or surviving entity In addition, as our business changes, we may buy or sell various assets. If we are involved in a merger, acquisition, or sale of all or a portion of our assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices, if any, you may have regarding your personal information.

(10) Your information may also be stored and process in any country in which we provide service to due to server facilities and third-party service teams. By using our service, you consent to any such transfer of information outside of your country If you do not agree with all of the terms of this Privacy Policy, please do not use our service. Community safety is our number one priority and some of the above user information are mandatory in order to create a safe community for all users.

Publicly Available Information

Please note that certain information, including without limitation, your public user profile information (including username, public photo, etc.), will be available to the Internet's general public while you participate in some aspects of the Service, so you should exercise discretion when using the Service. Personal information disclosed by you may be collected by other third parties or users of such Services and may result in unsolicited messages or may be shared with or disclosed to other third parties. We are not responsible for protecting such information that you may disclose to third parties through our Service (for example, sending your personal telephone number to another user through the Service). To the extent that you use a profile that may be available to others on our Service, you are solely responsible for its content and accuracy at all times. To edit, change, or delete such information, follow the instructions provided on our Service.

Where We Store Your Personal Data

Saved Data will be stored locally within the App on your device and may be transferred and stored on the App’s servers.

It is possible that some of the servers and companies that process your data on behalf of Frog may be based in countries outside the European Union (“EU”). Countries outside the EU may not have as well-developed data protection laws to protect your information as those inside the EU, but Frog will contractually require that personal data which is processed on its behalf is treated in compliance with EU laws and the App’s privacy policy.

Security

We take appropriate technical and organisational measures to guard against unauthorised or unlawful processing of your personal information and against accidental loss or destruction of, or damage to, your personal data. While no computer system is completely secure, we believe the measures implemented by our App reduce the likelihood of security problems to a level appropriate to the type of data involved. We have security measures in place to protect our User and Student database and access to this database is restricted internally. However, it remains each User's responsibility:

To ensure no-one else uses the App Service while the User’s device is "logged on" to the App Service;

To log off or exit from your Account when not using it; and

To keep his/her password or other access information secret.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

What rights do you have?

Under certain circumstances, by law you have the right to:

Request access to your personal information (commonly known as a "data subject access request"). Once you have made a subject access request we are obliged:

To tell you whether we process any of your personal data

If so, to provide you with a description of the personal data we hold, the reasons it is being processed, and with whom we share it

To provide you with a copy of the personal data we process in an intelligible form, and (where this is available) to inform you about the source of the data

All Subject Access Requests must be in writing to contact@frogcool.com

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

In order to correct any of the information we hold about you, simply log into your account and make the changes that are required.

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.

Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact contact@frogcool.com. Please note, there are some specific circumstances where these rights do not apply and we can refuse to deal with your request

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

Where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact contact@frogcool.com. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Children's Privacy

Pursuant to the requirements of the Children's Online Privacy Protection Act (“COPPA”) in the United States, Frog will not knowingly collect personally identifiable information from children without first obtaining parental consent, and to the extent such information is inadvertently collected, Frog will make every commercially reasonable effort to obtain permission from the child's parent and/or permanently delete the information once it has actual knowledge of such collection. Children should always get permission from their parents before providing any information about themselves (including without limitation first and last names, home addresses, e-mail addresses, telephone numbers and dates of birth) to others, whether via the Internet or any other means.

 

Complaints

We take any complaints we receive about the collection and use of personal information very seriously.  We would encourage you to bring it to our attention if you think that our collection or use of information is unfair, misleading or inappropriate.  You can make a complaint at any time by contacting us (see contact details section below).

Contact us

You can e-mail us at contact@frogcool.com

Changes to Privacy Policy

Any changes we may make to this privacy policy in the future will be posted on this page and, where appropriate, notified to you when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.

Governing law

This policy is governed by the laws of England and Wales.