Terms of Service
Last Updated: April 6, 2025
1. Introduction
Welcome to Fraggy ("we," "our," or "us"). Fraggy is a platform that allows users to upload, share, and discover gaming clips and related content. These Terms of Service ("Terms") govern your access to and use of Fraggy.app and all related services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. The Service is owned and operated by Synost ("Synost," "we," or "us").
2. Eligibility
You must be at least 13 years old to use the Service. If you are under 18 years old, you must have permission from a parent or legal guardian to use the Service, and they must agree to these Terms on your behalf.
3. Account Registration
3.1 Account Creation
To access certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. User Content
4.1 Content Ownership
You retain ownership rights to any content you submit, post, or display on or through the Service ("User Content"). By submitting User Content, you grant Fraggy a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for the purpose of providing and promoting the Service.
4.2 Content Restrictions
You may not upload, post, or transmit any User Content that:
- Infringes upon any third-party rights, including intellectual property rights
- Contains illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
- Promotes illegal activities or contains sexually explicit material
- Contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
- Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity
4.3 Content Removal
We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise inappropriate.
5. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Service for any illegal purpose
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service
- Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure
- Uploading invalid data, viruses, worms, or other software agents through the Service
- Collecting or harvesting any personally identifiable information from the Service
- Using the Service for any commercial solicitation purposes without our prior written consent
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity
6. Intellectual Property Rights
6.1 Fraggy Content
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Fraggy and its licensors. The Service is protected by copyright, trademark, and other laws.
6.2 Trademarks
The Fraggy name and logo are trademarks of Synost. You may not use these trademarks without our prior written consent.
7. Subscription Services
7.1 Subscription Plans
Fraggy offers various subscription plans that provide enhanced features and capabilities. The specific features, pricing, and terms of each subscription plan are described on our website.
7.2 Payment Terms
When you purchase a subscription, you agree to pay all fees in accordance with the pricing and payment terms presented to you. All payments are non-refundable except as expressly set forth in these Terms.
7.3 Subscription Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel your subscription before the renewal date.
7.4 Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation, your subscription will remain active until the end of the current billing period.
8. Termination
8.1 Termination by You
You may terminate your account at any time by following the instructions on the Service or by contacting us.
8.2 Termination by Fraggy
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
8.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
IN NO EVENT SHALL FRAGGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF FRAGGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless Fraggy, its parent company Synost, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within [Jurisdiction] for the resolution of any disputes arising out of or relating to these Terms or the Service.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on the Service and updating the "Last Updated" date at the top of these Terms. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
14. Miscellaneous
14.1 Entire Agreement
These Terms constitute the entire agreement between you and Fraggy regarding the Service and supersede all prior agreements and understandings.
14.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
14.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
14.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@fraggy.app