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Frenz, Inc.

Terms of Service

Effective May 28, 2026 · Last updated September 4, 2026

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Welcome to Frenz

These Terms of Service ("Terms") are a legal agreement between you and Frenz, Inc., a Delaware corporation with its principal place of business at 2130 Castilian Drive, Los Angeles, CA 90068 ("Frenz," "we," "us," or "our"). They govern your access to and use of the Frenz mobile application, website, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

IMPORTANT NOTICES:

  • You must be at least 18 years old to use the Service.
  • Section 15 (Dispute Resolution) requires binding individual arbitration and includes a class action waiver. You have 30 days to opt out.
  • The Service involves location sharing and meeting people in person. Please read Sections 9 and 13 carefully regarding your safety responsibilities.

1. The Service

Frenz is a mobile-first social coordination application that lets you signal your availability to friends, discover when friends are free, and coordinate casual get-togethers through group messaging ("Hangchats"). The Service is designed for spontaneous, near-term social coordination.

What Frenz Is Not: Frenz is not a comprehensive calendar, scheduling tool, event management platform, dating service, or professional networking service. We make no representations about its suitability for those purposes.

Service Modifications: We may add, modify, suspend, or discontinue any features or the entire Service at any time, with or without notice. We may impose limits on certain features, restrict access to parts or all of the Service, or introduce new terms for specific features. We are not liable for any modification, suspension, or discontinuation of the Service.

2. Eligibility

You must be at least 18 years old to create an account or use the Service.

By using the Service, you represent and warrant that:

  • You are at least 18 years of age and have the legal capacity to enter into a binding contract
  • You are not barred from using the Service under the laws of the United States or any other applicable jurisdiction
  • You are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country
  • You are not listed on any U.S. government list of prohibited or restricted parties
  • You will comply with these Terms and all applicable laws and regulations

We reserve the right to request proof of age at any time. If we learn that a user is under 18, we will terminate that account immediately.

3. Your Account

3.1 Account Creation

You create an account by signing in with Google, with Apple, or with your mobile phone number, which we verify with a one-time SMS passcode. Every account must have a verified phone number. Your use of Google Sign-In or Sign in with Apple is governed by their respective terms and privacy policies. We are not responsible for the practices of Google, Apple, or any other third-party authentication provider.

3.2 Account Security

You are responsible for:

  • Safeguarding access to the device and authentication method used to access your account
  • All activity that occurs under your account, whether or not authorized by you
  • Notifying us immediately at contact@frenzapp.com if you suspect any unauthorized use of your account or other security breach

We are not liable for any loss or damage arising from your failure to maintain account security or from unauthorized access to your account.

3.3 One Account Per Person

You may maintain only one Frenz account. Creating multiple accounts, or creating an account after we have terminated a previous account of yours, is prohibited unless you have our express written permission.

3.4 Accurate Information

You agree to provide accurate, current, and complete information in your profile and to keep that information up to date. You may not:

  • Impersonate any person or entity
  • Misrepresent your identity, age, affiliation, or connection to any person or entity
  • Use a name or image that violates anyone else's rights or is offensive

4. License to Use the Service

Subject to your compliance with these Terms, Frenz grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the mobile application and access the Service on a device you own or control, solely for your personal, non-commercial use.

Restrictions: You may not, and may not permit others to:

  • Sell, rent, lease, lend, or otherwise commercially exploit the Service
  • Copy, modify, translate, adapt, or create derivative works based on the Service
  • Decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code or underlying algorithms of the Service (except to the extent applicable law prohibits this restriction)
  • Use any automated means (including bots, scrapers, crawlers, spiders, or similar tools) to access, monitor, or copy any part of the Service
  • Bypass, circumvent, or attempt to bypass or circumvent any access controls, security features, rate limits, or technological protection measures
  • Use the Service to develop, support, or operate a competing product or service
  • Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices

Ownership: All right, title, and interest in and to the Service (excluding User Content) — including all software, technology, designs, trademarks, logos, and other intellectual property — are and will remain the exclusive property of Frenz and its licensors. These Terms do not grant you any ownership rights in the Service.

5. User Content

5.1 What Is User Content

"User Content" means any content you submit, post, upload, transmit, or display through the Service, including:

  • Availability posts ("Free Now" status updates and the days and times you mark yourself available), including the place you attach to them
  • Messages, photos, emoji reactions, Hangchat names, and plan details (date, time, and place) shared in Hangchats
  • Profile information, display name, @handle, interests, and profile photos
  • Group names
  • Your Instagram handle
  • Names and phone numbers of contacts you save, invite, or add through the Service
  • Reports you submit about other users or content
  • Any other communications or content you provide

5.2 Ownership and Responsibility

You retain ownership of your User Content. However:

  • You are solely responsible for your User Content and the consequences of posting, sharing, or transmitting it
  • You assume all risks associated with your User Content, including anyone's reliance on its accuracy, completeness, or usefulness, or any disclosure of information that makes you personally identifiable
  • You represent that you have all rights necessary to grant the licenses described below

5.3 License You Grant to Frenz

By submitting User Content to the Service, you grant Frenz a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, host, store, reproduce, modify (for technical purposes such as resizing, reformatting, or optimizing for display), create derivative works of, communicate, publish, publicly display, publicly perform, and distribute your User Content solely for the purposes of:

  • Operating, providing, improving, promoting, and developing the Service
  • Providing customer support
  • Enforcing these Terms
  • Complying with legal obligations

Duration: This license continues for as long as your User Content is stored on our systems. When you delete User Content or your account, the license ends, except:

  • User Content you shared with other users (such as Hangchat messages) may remain visible to those users even after you delete your account
  • We may retain copies as required by law or for legitimate business purposes (such as backup, fraud prevention, or legal compliance) as described in our Privacy Policy
  • User Content that has been shared, reposted, or quoted by others may remain in the Service

5.4 Representations and Warranties

By submitting User Content, you represent and warrant that:

  • You own or have obtained all necessary rights, licenses, consents, and permissions to submit the User Content and to grant the licenses described above
  • Your User Content, and our use of it as contemplated by these Terms, does not and will not:
  • Infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other proprietary rights
  • Violate any applicable law or regulation
  • Require Frenz to obtain any licenses, permissions, or consents from third parties or to pay royalties or other fees to any third party
  • If your User Content includes the image, voice, name, or likeness of any person other than yourself, you have obtained all necessary permissions and consents from that person

5.5 Frenz's Rights Regarding User Content

We do not pre-screen or monitor all User Content , but we reserve the right (without obligation) to:

  • Review, monitor, flag, filter, modify, block, remove, or refuse to display any User Content at any time and for any reason, including if we believe it violates these Terms, infringes third-party rights, harms the Service or our users, or is otherwise objectionable
  • Use automated systems, artificial intelligence, machine learning, or human moderators to detect, flag, or remove User Content that violates these Terms
  • Cooperate with law enforcement and provide User Content in response to legal process
  • Take action against users who violate these Terms, including warnings, suspension, or termination

We assume no responsibility for monitoring the Service or User Content, and we have no liability for our decision to remove, refuse to display, or allow any User Content.

5.6 Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, or other input regarding the Service ("Feedback"), you grant Frenz a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without compensation or attribution to you. You waive any moral rights you may have in such Feedback.

6. Acceptable Use

You agree that you will not, and will not encourage, assist, or enable others to use the Service to:

Illegal or Harmful Activity:

  • Violate any applicable law, regulation, or third-party right
  • Engage in, promote, or facilitate illegal activity
  • Transmit content that exploits or harms minors in any way
  • Transmit or promote violent extremism, terrorism, or violent criminal activity

Harassment and Abuse:

  • Harass, threaten, stalk, intimidate, bully, or harm any person
  • Post content that is hateful, discriminatory, or promotes violence or hatred against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity

Privacy Violations:

  • Share, publish, or distribute another person's private or personally identifiable information (such as phone numbers, addresses, financial information, or Social Security numbers) without their express consent ("doxxing")
  • Violate anyone's privacy, publicity, or data protection rights
  • Upload, sync, or submit contact information (such as names or phone numbers) that you do not have the right to share, or use the contacts features to look up or invite people you do not personally know

Spam and Deceptive Practices:

  • Send spam, unsolicited advertising, promotional materials, chain messages, or fraudulent or deceptive content
  • Use deceptive or misleading metadata, identifiers, URLs, or content
  • Engage in any form of manipulation, including artificially inflating engagement or creating fake accounts

Technical Abuse:

  • Transmit viruses, malware, trojan horses, worms, time bombs, spyware, or any other harmful or malicious code
  • Interfere with, disrupt, or place unreasonable burdens on the Service or the networks and servers connected to it
  • Attempt to gain unauthorized access to the Service, other user accounts, or any systems or networks connected to the Service through hacking, password mining, or any other means
  • Probe, scan, or test the vulnerability of the Service or any network, or breach any security or authentication measures
  • Use the Service in any manner that could disable, overburden, damage, or impair it, or interfere with any other user's enjoyment of the Service

Intellectual Property:

  • Infringe or violate anyone's intellectual property rights, including copyrights, trademarks, patents, trade secrets, or other proprietary rights
  • Post content you do not have the right to post

Misuse of Features:

  • Use the location-sharing features to stalk, harass, or track any person without their consent
  • Send SMS invitations to individuals who have not consented to receive them or in violation of applicable law (see Section 8)
  • Scrape, collect, or harvest user information for any purpose, including to contact users outside the Service without their consent

Commercial Misuse:

  • Use the Service for any commercial purpose not expressly permitted by these Terms
  • Advertise or solicit the sale of goods or services without our prior written consent
  • Use the Service to recruit users to join third-party services or platforms

Violations of this section may result in immediate suspension or termination of your account and may be reported to law enforcement authorities. Frenz reserves the right to investigate violations and to cooperate fully with law enforcement.

7. Reporting Violations and Content Moderation

7.1 Reporting Abusive Behavior or Content

If you encounter User Content or behavior that violates these Terms, please report it to us immediately. You can report content or users by:

  • Using the in-app reporting feature (available on user profiles, messages, and posts)
  • Emailing us at contact@frenzapp.com with a description of the violation and relevant details (such as usernames, screenshots, or links)

We take reports seriously, but we do not guarantee that we will take action in response to every report.

7.2 Our Moderation Process

We rely on user reports and human review, and may use automated tools (including AI and machine learning), to identify and address violations. We are under no obligation to monitor the Service or User Content, but we reserve the right to do so.

If we determine that User Content or user behavior violates these Terms, we may:

  • Remove or restrict access to the content
  • Issue a warning
  • Temporarily suspend the user's account
  • Permanently terminate the user's account
  • Report the violation to law enforcement or other authorities

We have sole discretion to determine what constitutes a violation and what action to take. Our decisions are final.

7.3 No Obligation to Monitor; No Liability

You acknowledge that:

  • Frenz is a platform, not a publisher of User Content
  • We do not pre-screen, monitor, or verify the accuracy, legality, or appropriateness of all User Content
  • We are not responsible for User Content posted by others
  • The presence of User Content on the Service does not indicate our endorsement or approval

8. SMS Messages

Frenz sends SMS text messages in two categories, both delivered through our third-party messaging provider (Twilio or other providers we may use): (1) one-time passcodes to verify a phone number you enter in the app, and (2) invitations sent one-to-one when you choose to add a personal contact — inviting them to join Frenz, or adding one of your phone contacts to a group hangout (a Hangchat). Adding a contact to one of your private groups does not send a text. All message content is a fixed template that identifies Frenz; user-typed group or hangout names are never included. We never send marketing or promotional text messages, and we never include user-composed content.

Message Program Terms:

  • Program: Frenz account-verification passcodes and personal invitations (invite to Frenz, or add a contact to a group hangout).
  • Message frequency: verification codes are sent when you request them; invitations are one-to-one and user-initiated, and manual re-invites to the same contact are limited to one per 24 hours.
  • Message and data rates may apply.
  • Reply STOP to any message to unsubscribe. Reply HELP for help, or email contact@frenzapp.com.
  • Carriers are not liable for delayed or undelivered messages.
  • See our Privacy Policy at https://frenzapp.com/privacy for how we handle your information.

Your Responsibilities (Invitations):

By using the SMS invitation feature, you represent, warrant, and agree that:

  • You have the prior express consent of each recipient to receive an SMS invitation from you about Frenz
  • You will comply with all applicable laws, including the U.S. Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any equivalent laws in other jurisdictions
  • You are solely responsible for any invitations you send, and you will not use the feature to send spam, unsolicited messages, or messages to individuals who have not consented
  • You will indemnify and hold Frenz harmless from any claims, damages, fines, or penalties arising from your misuse of the SMS invitation feature or your failure to obtain proper consent

Recipient Rights:

  • Standard message and data rates may apply to recipients
  • Recipients can stop receiving invitation messages by replying STOP, can reply HELP for help, or can contact us at contact@frenzapp.com

Our Rights:

We reserve the right to limit, throttle, suspend, or disable the SMS invitation feature for any user or for the Service as a whole, at any time, for any reason, including if we detect abuse or potential violations of applicable law.

9. Location-Based Features and Safety

9.1 How Location Works

Certain features of the Service, including "Free Now" and availability posts and the home feed, can use your device's precise geolocation (GPS, Wi-Fi, Bluetooth, or cell tower triangulation) to:

  • Attach your current place to a post and show that place — its name (which may be a venue, street address, or neighborhood), its city, and each viewer's distance from it — to the audience you select; direct friends also receive the place's coordinates so they can start a Hangchat there
  • Calculate distances between you and other users' posts and sort your feed by distance
  • Suggest nearby places when you search for a location

You control:

  • Whether to enable location access — through your device's operating system settings
  • Who can see your posts and the places attached to them — through the audience and visibility controls in the Service, including the optional Friends of friends setting

If you disable location access, you can still post by searching for a place, but "Use current location", distances, and nearest-first sorting will not be available.

9.2 Location Accuracy and Limitations

We do not guarantee the accuracy, precision, or real-time nature of location data. Location information may be delayed, inaccurate, incomplete, or affected by device settings, network connectivity, signal interference, environmental conditions, or third-party data providers.

You acknowledge and accept the limitations and risks of location-based services. You should not rely solely on the Service's location features for any purpose where inaccuracy could result in harm, including navigation, emergency services, or safety decisions.

9.3 Privacy and Safety Risks

Broadcasting your location, even to a limited audience, involves inherent privacy and personal safety risks. By using location-based features, you acknowledge and accept these risks, including:

  • The possibility that someone you have shared your location with may misuse that information
  • The risk of being tracked, followed, or located by someone with malicious intent
  • The possibility that your location data could be accessed by unauthorized third parties due to device compromise, account compromise, or security vulnerabilities

Your Responsibilities:

  • You are solely responsible for deciding when, where, and with whom to share your location.
  • You should carefully consider your visibility settings and only share your location with people you know and trust.
  • You should be aware of your physical surroundings and take appropriate safety precautions when meeting people in person.
  • You should immediately disable location sharing if you feel unsafe or if your device or account is compromised.

Frenz does not verify the identity, location, or intentions of any user. We do not conduct background checks. We are not responsible for the actions of any user, on or off the Service.

10. Intellectual Property and Copyright

10.1 Frenz Trademarks

"Frenz," the Frenz logo, and other Frenz trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Frenz, Inc. You may not use any Frenz trademarks without our prior written permission. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners.

10.2 Copyright Infringement (DMCA)

Frenz respects the intellectual property rights of others and expects users to do the same. We will respond to valid notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

If you believe that your copyrighted work has been copied or posted on the Service in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work you claim has been infringed
  • A description of where the allegedly infringing material is located on the Service (please provide specific URLs or other identifying information)
  • Your contact information, including your address, telephone number, and email address
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Designated Copyright Agent:

Frenz, Inc.Attn: Copyright Agent / DMCA Notices2130 Castilian DriveLos Angeles, CA 90068United StatesEmail: dmca@frenzapp.com

Counter-Notification:

If you believe that your User Content was removed or disabled as a result of a mistake or misidentification, you may file a counter-notification with our Copyright Agent by providing the following information:

  • Your physical or electronic signature
  • Identification of the content that was removed or disabled, and the location where it appeared before removal
  • A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification
  • Your name, address, telephone number, and email address
  • A statement that you consent to the jurisdiction of the federal court in Los Angeles County, California, and that you will accept service of process from the person who filed the original DMCA notice or their agent

Repeat Infringer Policy:

Frenz will terminate the accounts of users who are repeat infringers in appropriate circumstances.

11. Third-Party Services and Links

The Service integrates with, relies on, or may contain links to third-party services, websites, applications, and content, including:

  • Authentication providers: Google (Google Sign-In), Apple (Sign in with Apple)
  • Hosting and infrastructure: Replit, Google Cloud Platform
  • Chat: Stream (GetStream.io), which hosts and delivers Hangchat messages
  • Maps and places: Google Maps Platform. By using location features you also agree to the Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps/) and the Google Privacy Policy (https://policies.google.com/privacy)
  • Messaging providers: Twilio (SMS delivery)
  • Push notification services: Expo, Apple Push Notification service (APNs), Firebase Cloud Messaging (FCM)
  • Social media platforms you choose to link in your profile (Instagram)
  • Other websites, applications, or services linked by users or by Frenz

We do not control, endorse, sponsor, recommend, or assume responsibility for any third-party service. Your use of third-party services is governed by their own terms of service and privacy policies. You access and use third-party services at your own risk.

Frenz is not responsible for:

  • The content, accuracy, legality, appropriateness, or availability of third-party services
  • Any transactions, interactions, or disputes between you and any third-party service provider
  • Any harm or damages resulting from your use of third-party services

12. Communications from Frenz

12.1 Service-Related Communications

By using the Service, you consent to receive communications from us, including:

  • Transactional and administrative messages related to your account, such as phone verification codes, security alerts, and service announcements
  • Push notifications about your account activity, new messages, friend requests, and other Service-related events (you can control push notifications through your device settings and in-app preferences)
  • In-app messages and announcements

You cannot opt out of service-related or transactional communications.

12.2 Promotional Communications

We do not currently send promotional communications. If we introduce them (such as feature announcements, tips, or surveys), you will be able to opt out by:

  • Following the "unsubscribe" link in any promotional email
  • Contacting us at contact@frenzapp.com

Opting out of promotional communications does not affect service-related communications.

12.3 Communication Methods

We may communicate with you by email (if your account has one), SMS to your verified phone number, push notification, in-app message, or by posting notices in the Service. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

13. Personal Safety and User Interactions

THE SERVICE IS A PLATFORM TO CONNECT WITH OTHER USERS. FRENZ DOES NOT CONDUCT BACKGROUND CHECKS, VERIFY IDENTITIES, OR SCREEN USERS.

13.1 No Background Checks

Frenz does not conduct criminal background checks, identity verification, or any other screening of users. We do not inquire into the background of users or attempt to verify statements they make. You are solely responsible for your interactions with other users.

13.2 Your Safety Responsibilities

When interacting with other users, you are responsible for your own safety. You should:

  • Use common sense and exercise caution when sharing personal information, meeting in person, or providing your location
  • Meet in public places, especially for initial meetings
  • Tell a friend or family member where you are going and who you are meeting
  • Trust your instincts — if something feels wrong, leave immediately and report the user
  • Never share financial information, send money, or provide access to financial accounts to anyone you meet on Frenz
  • Be aware of common scams (romance scams, fake emergencies, requests for money, phishing attempts, etc.)

13.3 Limitation of Frenz's Responsibility

YOU INTERACT WITH OTHER USERS AT YOUR OWN RISK. Frenz is not responsible for:

  • The conduct, actions, or omissions of any user, on or off the Service
  • Any injury, harm, death, property damage, or other damages or losses resulting from your interactions with other users
  • The accuracy or truthfulness of any information provided by users
  • Any disputes, conflicts, or legal issues arising between users

In no event will Frenz be liable for any harm or damages caused by another user, even if we were aware of the possibility of such harm.

13.4 Report Suspicious or Dangerous Behavior

If you encounter behavior that makes you feel unsafe, or if you witness illegal activity, harassment, threats, or other violations of these Terms, please:

  • Report the user through the in-app reporting feature or by emailing contact@frenzapp.com
  • If you are in immediate danger, contact local law enforcement or emergency services (such as 911 in the United States)

We will investigate reports and may take action against violating users, but we cannot guarantee any specific outcome or response time.

14. Fees and Payments

The Service is currently provided free of charge. We reserve the right to introduce fees, subscriptions, in-app purchases, or paid features in the future.

If we introduce paid features:

  • We will provide advance notice and a description of the fees
  • You will have the opportunity to accept or decline the paid features
  • Paid features will be subject to additional terms, which will be presented to you at the time of purchase
  • Payments will be processed by third-party payment processors (such as Apple App Store or Google Play Store), and you will be subject to their terms and policies

All fees, if introduced, are non-refundable unless otherwise stated or required by law.

15. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Informal Resolution

If you have a dispute with Frenz, you agree to first contact us at contact@frenzapp.com and attempt to resolve the dispute informally. Please provide a detailed description of the dispute and your contact information. We will attempt in good faith to resolve the dispute within 60 days of receiving your notice.

15.2 Binding Arbitration

If we cannot resolve the dispute informally, you and Frenz agree to resolve any and all claims, disputes, or controversies arising out of or relating to these Terms, the Service, or your relationship with Frenz (including disputes about the validity, scope, or enforceability of this arbitration agreement) through final and binding individual arbitration, except as set forth below.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org), as modified by this Section 15.

Arbitration Procedures:

  • The arbitration will be conducted by a single neutral arbitrator
  • The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction
  • The arbitration will take place in Los Angeles County, California, or at another location mutually agreed by the parties, or by video conference or telephone if permitted by the AAA rules
  • The arbitrator may award any relief that a court could award, including attorneys' fees and costs, if authorized by law
  • Each party will bear its own attorneys' fees and costs unless a statute or these Terms provide otherwise

Costs:

  • If your claim seeks less than $10,000, Frenz will reimburse your filing fees and pay the AAA's administrative fees, unless your claim is determined by the arbitrator to be frivolous
  • If your claim exceeds $10,000, fees will be determined by the AAA rules
  • The arbitrator may award fees and costs as provided by applicable law

15.3 Class Action Waiver

YOU AND FRENZ AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, consolidated, or representative proceeding.

If a court or arbitrator determines that this class action waiver is unenforceable, then the entire arbitration agreement in Section 15 will be void, and the dispute will be resolved in court as provided in Section 20.2.

15.4 Exceptions to Arbitration

The following disputes are not subject to arbitration:

  • Individual claims brought in small-claims court, as long as the claim remains in small-claims court and is brought only on an individual basis
  • Claims seeking injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of Frenz's intellectual property rights (copyrights, trademarks, trade secrets, or patents)

15.5 30-Day Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice to contact@frenzapp.com within 30 days of the date you first accepted these Terms (or any updated Terms containing a new arbitration provision).

Your opt-out notice must include:

  • Your full name
  • The email address associated with your Frenz account
  • A clear statement that you wish to opt out of the arbitration agreement

If you opt out, you will not be bound by the arbitration agreement, but all other parts of these Terms will continue to apply. Opting out of the arbitration agreement does not affect any prior arbitration agreements you may have entered into with Frenz.

15.6 Future Changes to Arbitration Terms

If we make material changes to this Section 15 (other than changes to contact information or AAA rules references), we will notify you. You may reject the change by sending us written notice within 30 days of the change, in which case your account will be governed by the arbitration terms that existed immediately before the change.

15.7 Severability

If any portion of this Section 15 is found to be invalid or unenforceable (except for the class action waiver, as described in Section 15.3), the remaining portions will remain in full force and effect.

16. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

FRENZ, ITS AFFILIATES, AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING:

  • Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
  • Warranties that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components
  • Warranties regarding the accuracy, reliability, timeliness, or completeness of any content, data, or information available through the Service (including User Content, location data, distance calculations, or availability information)
  • Warranties arising from course of dealing, course of performance, or usage of trade

SPECIFIC DISCLAIMERS:

  • No Verification of Users: We do not verify the identity, age, background, qualifications, or representations of any user. We do not conduct background checks or criminal history screenings.
  • Location Accuracy: We do not guarantee the accuracy, precision, or real-time nature of location data or distance calculations. Location information may be delayed, inaccurate, or affected by technical limitations.
  • User Conduct: We are not responsible for the conduct, actions, statements, or omissions of any user, whether on or off the Service. You interact with other users at your own risk.
  • Third-Party Services: We do not control or endorse any third-party service integrated with or linked from the Service. We are not responsible for the availability, content, or practices of third-party services.
  • Content: We do not pre-screen, verify, or endorse User Content. The presence of User Content on the Service does not indicate our approval or endorsement.
  • Service Availability: We do not guarantee that the Service will be available at all times or in all geographic locations. The Service may be interrupted, suspended, or discontinued at any time.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, such warranties will be limited to the greatest extent permitted by applicable law.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT WILL FRENZ, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, "FRENZ PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

  • Indirect, incidental, special, consequential, punitive, or exemplary damages
  • Damages for lost profits, lost revenue, lost business opportunities, lost data, loss of goodwill, or business interruption
  • Personal injury, emotional distress, or physical harm (except as required by law)
  • Damages arising from your use of or inability to use the Service
  • Damages arising from any interactions, transactions, or disputes with other users
  • Damages arising from unauthorized access to or alteration of your data or User Content
  • Damages arising from the conduct of any user or third party
  • Damages arising from any third-party service, website, or application

EVEN IF A FRENZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

AGGREGATE LIABILITY CAP:

IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE FRENZ PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF:

  • (A) THE TOTAL AMOUNT YOU PAID TO FRENZ, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
  • (B) ONE HUNDRED U.S. DOLLARS (USD $100.00)

ESSENTIAL BASIS OF THE BARGAIN:

You acknowledge that the disclaimers and limitations in this Section 17 and in Section 16 are essential elements of the agreement between you and Frenz, and that Frenz would not provide the Service to you without these limitations.

Jurisdictional Exceptions:

Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or certain other types of damages. In such jurisdictions, the liability of the Frenz Parties will be limited to the greatest extent permitted by law.

18. Indemnification

You agree to indemnify, defend (at Frenz's option), and hold harmless Frenz, its affiliates, subsidiaries, and their respective officers, directors, employees, agents, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

  • Your access to or use of the Service
  • Your User Content, including any claim that your User Content infringes, misappropriates, or violates any third party's intellectual property, privacy, publicity, or other rights
  • Your violation of these Terms
  • Your violation of any law, regulation, or third-party right
  • Any SMS invitations you send using the Service, including any claim that you sent invitations without proper consent or in violation of the TCPA or other laws
  • Your interactions with other users, including any disputes, injuries, or damages arising from in-person meetings or communications
  • Any claim that your conduct caused harm to any third party

Notice and Cooperation:

You agree to promptly notify Frenz of any claim subject to indemnification and to cooperate fully with Frenz in the defense of such claim. Frenz reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any such matter without Frenz's prior written consent.

Your indemnification obligations will survive the termination of these Terms and your use of the Service.

19. Termination

19.1 Termination by You

You may stop using the Service at any time. You may delete your account by:

  • Using the account deletion feature in the Service settings
  • Contacting us at contact@frenzapp.com

Deleting your account removes your profile and your User Content from the Service as described in our Privacy Policy, subject to Section 5.3.

19.2 Termination or Suspension by Frenz

We may, at our sole discretion and without prior notice or liability:

  • Suspend or terminate your account or access to the Service
  • Remove or disable your User Content
  • Restrict your ability to use certain features

We may take such action if we believe, in our sole judgment, that:

  • You have violated these Terms or any applicable law
  • Your conduct creates risk, liability, or legal exposure for Frenz, our users, or others
  • Your account has been inactive for an extended period
  • We are required to do so by law or legal process
  • Providing the Service to you is no longer commercially viable or desirable

We may also discontinue the Service entirely or impose limits on features or access at any time.

In most cases, we will attempt to provide notice before suspending or terminating your account, but we are not required to do so (for example, in cases of suspected fraud, abuse, or legal risk). You will not receive a refund of any fees (if applicable) if your account is terminated or suspended for violation of these Terms.

19.3 Effect of Termination

Upon termination of your account or these Terms, for any reason:

  • Your right to access and use the Service ends immediately
  • We may delete your account and User Content in accordance with our Privacy Policy, except as required by law or as described in Section 5.3
  • Messages and content you have shared with other users in Hangchats may remain visible to those users
  • You remain responsible for all obligations and liabilities incurred prior to termination

Survival:

The following sections survive termination: Sections 5.2, 5.3 (to the extent described), 5.6, 10, 15, 16, 17, 18, 20, 22, and 23.

20. Governing Law and International Use

20.1 Governing Law

These Terms and any disputes arising out of or relating to them or the Service will be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-laws principles.

20.2 Venue (for Non-Arbitrated Claims)

Subject to Section 15 (Arbitration), you agree that any claim, dispute, or controversy not subject to arbitration will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

20.3 International Use

The Service is controlled and operated from the United States. Frenz makes no representation that the Service is appropriate, legal, or available for use in any particular location outside the United States.

If you access the Service from outside the United States, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable local, state, national, and international laws and regulations, including:

  • Export control laws and regulations
  • Privacy and data protection laws (such as the GDPR)
  • Consumer protection laws
  • Telecommunications and anti-spam laws
  • Any other applicable laws

Export Control:

You represent and warrant that:

  • You are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country
  • You are not listed on any U.S. government list of prohibited or restricted parties, including the Treasury Department's List of Specially Designated Nationals or the Commerce Department's Denied Persons List or Entity List

You may not use, export, re-export, or transfer the Service or any technology underlying it except in compliance with all applicable U.S. and international export laws and regulations.

21. App Store Additional Terms

21.1 Apple App Store

If you download the Service from the Apple App Store, the following additional terms apply (and in the event of any conflict between these additional terms and the rest of these Terms, these additional terms govern with respect to your use of the iOS application):

  • Agreement with Frenz, Not Apple: These Terms are between you and Frenz only, not with Apple Inc. ("Apple"). Frenz, not Apple, is solely responsible for the Service and its content.
  • License Scope: Your license to use the Service is limited to a non-transferable license to use the Service on an Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
  • Maintenance and Support: Frenz, not Apple, is solely responsible for providing maintenance and support for the Service. Apple has no obligation to furnish any maintenance or support services.
  • Warranty: To the maximum extent permitted by law, Apple has no warranty obligation with respect to the Service. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Frenz's responsibility.
  • Product Claims: Frenz, not Apple, is responsible for addressing any claims you or any third party have relating to the Service or your possession or use of it, including: (a) product liability claims; (b) claims that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
  • Intellectual Property Infringement: In the event of any third-party claim that the Service or your use of it infringes that third party's intellectual property rights, Frenz, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  • Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
  • Legal Compliance: You represent and warrant that: (a) you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
  • Contact Information: Any questions, complaints, or claims regarding the Service should be directed to Frenz at contact@frenzapp.com, not to Apple.

21.2 Google Play Store

If you download the Service from the Google Play Store, you agree to comply with the then-current Google Play Terms of Service (available at https://play.google.com/intl/en_us/about/play-terms/).

Google is not responsible for the Service and has no obligations or liability with respect to the Service or these Terms.

22. Changes to These Terms

We may modify, update, or replace these Terms from time to time. If we make material changes, we will provide notice by:

  • Posting the updated Terms in the Service with a new "Last Updated" date
  • Sending you an email, if your account has an email address (accounts created with a phone number may not)
  • Displaying a prominent notice in the Service
  • Any other reasonable means

Material changes will take effect no sooner than 30 days after we provide notice (or such longer period as may be required by law). Changes that are not material (such as corrections of typos, clarifications, or changes required by law) may take effect immediately.

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may delete your account.

For changes to the arbitration agreement (Section 15), you will have the right to opt out of the new arbitration terms as described in Section 15.6.

23. General Provisions

23.1 Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Frenz regarding the Service and supersede all prior agreements, understandings, and communications (whether written or oral) regarding the subject matter of these Terms.

23.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable (or, if it cannot be modified, it will be severed), and the remaining provisions of these Terms will remain in full force and effect.

23.3 No Waiver

Frenz's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision or any other right or provision. Any waiver must be in writing and signed by an authorized representative of Frenz.

23.4 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations under them, in whole or in part, without Frenz's prior written consent. Any attempted assignment in violation of this section is void.

Frenz may freely assign, transfer, or delegate these Terms and any rights and obligations under them, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

23.5 No Third-Party Beneficiaries

Except as expressly stated otherwise (such as in Section 21.1 regarding Apple), these Terms do not create any third-party beneficiary rights. No third party may enforce any provision of these Terms.

23.6 No Agency

No agency, partnership, joint venture, fiduciary, or employment relationship is created between you and Frenz by these Terms or your use of the Service.

23.7 Notices

To You: We may provide notices to you by email (if your account has an email address), by SMS to your verified phone number, by push notification, by posting in the Service, or by any other legally acceptable means. Notices sent by email will be deemed received when sent.

To Frenz: You may give notices to us (including legal notices, notices of breach, or opt-out notices) by contacting us at:

Frenz, Inc. Attn: Legal Department2130 Castilian DriveLos Angeles, CA 90068United StatesEmail: contact@frenzapp.com

For DMCA notices, use the contact information in Section 10.2.

Notices to Frenz will be deemed received when actually received by Frenz.

23.8 Force Majeure

Frenz will not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.

23.9 Interpretation

Headings and section titles in these Terms are for convenience only and do not affect interpretation. The words "including," "such as," and similar terms are illustrative and not limiting. The singular includes the plural and vice versa.

23.10 Equitable Relief

You acknowledge that a breach of these Terms may cause Frenz irreparable harm for which monetary damages may be an insufficient remedy. Frenz will be entitled to seek equitable relief, including injunctive relief and specific performance, without the need to post a bond, in addition to any other remedies available at law or in equity.

23.11 Statute of Limitations

You and Frenz agree that any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.

24. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at:

Frenz, Inc. 2130 Castilian DriveLos Angeles, CA 90068United States Email: contact@frenzapp.com

For DMCA / copyright notices: dmca@frenzapp.com