Fraiza's Terms and Conditions
These terms and conditions (the “Agreement”) are written in English. To the extent any translated version of this Agreement conflicts with the English version, the English version shall prevail.
Summary
Fraiza is a social application (the “Platform” or “Fraiza”) that provides services which include but not limited to social networking, chatting, and live broadcasting. You agree that you will only use Fraiza in a manner consistent with its purpose and in accordance with the Terms.
The Agreement applies whenever you use Fraiza, whether or not you have chosen to register with us, so please read them in full carefully before using any of the Services. By installing, accessing, using, registering for, or receiving services offered on Fraiza (the "Services" or “Fraiza Services”) you are accepting and agreeing to be bound by the Agreement.
IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT THEN YOU MUST NOT ACCESS OR USE THE SERVICES.
This Agreement applies to all Services unless specifically specified otherwise. This Agreement contains the terms and conditions governing your use of the Services, and therefore you shall read the terms of this Agreement carefully before using any of the Services
In addition, we may provide and update specific rules and policies for certain Fraiza products and/or Services from time to time (the "Specific Rules"). Specific Rules are integral parts of this Agreement and have the same effect as this Agreement. To the extent of any inconsistency between the Specific Rules and this Agreement, the Specific Rules shall prevail.
However, just in case you ever need a reminder of the main points, here are some quick basic terms of the Agreement:
(1) You shall not use Fraiza Services if you are under 18 or under the applicable age limit for a minor in your jurisdiction.
(2) We’re not responsible for anything that you post or say while you are on Fraiza, if we see or someone alerts us that you have posted something that we think is inappropriate then we are allowed at our discretion to remove it.
(3) If you are concerned about how your data is being used by Fraiza then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use Fraiza. By using Fraiza, you agree that we can use such data in accordance with our Privacy Policy.
(4) You shall not use Fraiza to do anything unlawful, misleading, malicious, or discriminatory.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Fraiza to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
When you are using Fraiza, you shall not upload, transmit, display, post, spread or send (collectively, “post”) any text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, the "Content") that:
(1). contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
(2). is obscene, pornographic, or otherwise may offend human dignity;
(3). is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred, or bigotry;
(4). encourages any illegal activity including, without limitation, terrorism, inciting racial hatred, hateful content, or the submission of which in itself constitutes committing a criminal offense;
(5). is defamatory;
(6). relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
(7). contains any spyware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse, or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Fraiza or otherwise;
(8). itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
(9).shows drugs or drug use;
(10).shows political content;
(11). shows another person who was created or distributed without that person’s consent;
(12). other Contents that in the judgment of Fraiza are negative Contents or otherwise not suitable for distribution; or
(13). contains the information, comment or any other forms of Content about a person who is a minor.
(14). We always appreciate your feedback or other suggestions about Fraiza, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We have zero tolerance towards any objectionable or unlawful Content and abusive users. We reserve the right, at any time and without prior notice, to take down, remove or disable access to Content at our discretion for any reason including without limitation, if the Content violates the Agreement or if we find the Content is objectionable, unlawful or otherwise harmful to the Services or our users, and block access to and/or terminate the accounts of any user who posted objectionable or unlawful Content.
If you wish to complain about objectionable or unlawful Content posted by other users, please either report directly in the Platform or contact us at Fraiza.app@gmail.com. Upon receipt your complaint, we’ll respond promptly and remove such objectionable or unlawful Content and eject the user who posted such objectionable or unlawful Content. We also give you control over your own experience by allowing you to block, unfollow or hide other users and their posts.
We also have the right to remove any Content you make on our Platform if, in our opinion, your Content is objectionable or unlawful Content or does not comply with the Content standards set out in the terms. In addition, Contents posted by you on the Platform do not represent the views of us, we shall not be liable for such Contents. You should make your own judgment on the legality, authenticity and accuracy of Content posted by other users on the Platform, and undertake all risks arising from the use of such Content (including the reliance on the correctness, completeness or legality of the content).
3. Protecting Other People's Rights
We respect other people's rights and do our best to keep Fraiza safe, and expect you to do the same.
(1). You will not post Content or take any action on Fraiza that infringes or violates someone else's rights or otherwise violates the law.
(2). We can remove any Content or information you post on Fraiza if we believe that it violates the Agreement or our policies.
(3). If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
(4). If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
(5). You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission.
(6). If you collect information from users, you will: obtain their consent, make it clear you (and not Fraiza) are the one collecting their information and post a privacy policy explaining what information you collect and how you will use it.
(7). You will not post anyone's identification documents or sensitive financial information on Fraiza.
(8). You will not tag users or send email invitations to non-users without their consent.
4. Registration and Account
Fraiza users required nickname, age, gender, avatar, and other optional information, and we need your help to keep it that way. Below are the commitments you make to us relating to registering and maintaining the security of your account:
(1). You shall not use Fraiza if you are under 18 or under the applicable age limit for a minor in your jurisdiction.
(2). You shall not transfer your account to anyone without first getting our written permission.
(3). You shall not provide any false personal information on Fraiza, or create an account for anyone other than yourself without permission.
(4). If we disable your account, you will shall post any Content on Fraiza except contact with an official assistant.
(5). We reserve the right to destroy or ban your account if we believe it is appropriate.
5. Termination
If you violate the Agreement, or otherwise create risk or possible legal exposure for us, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
(1). suspend or revoke your registration (where applicable) and your right to access and/or use Fraiza or submit any Content to Fraiza; and
(2). make use of any operational, technological, legal, or other means available to enforce the Agreement (including without limitation blocking specific IP addresses).
We will try (but we are not obliged) to notify you if your access to Fraiza and/or your Profile is to be or has been suspended or terminated.
Provided that your Fraiza account is under normal use and not associated with any unsettled disputes (for example, you made a complaint of others, or you received a complaint from others), you can terminate your registration at any time by following the instructions in the Platform or simply by contacting us at dalhoumisa@gmail.com.
Once your registration is terminated, we have the right to delete any related Content that you have submitted or uploaded to Fraiza. For further details, please refer to our Privacy Policy. Content that you have uploaded to Fraiza, other than your Profile, may still appear on Fraiza following termination of your registration.
6. In-App Purchase and Subscription
(1) You understand and agree that some Services are subscribed services. To use such services, you may be charged certain fees. If you refuse to be charged, you will not be able to use such services.
(2) You understand and agree that we have the right to set the fee rates of subscribed services according to the service type and subscription period of the Services and may change the rates from time to time at our sole discretion. International exchange rates, recharge channels and payment methods may also be taken into consideration when we set the fee rates. For details, please refer to the fee rates schedule which will be updated from time to time and published by us on the Platform.
(3) You understand and agree that your payment for the Services may be made via third-party payment tools. You understand that the use of third-party payment tools may cause commercial risks and economic losses and damages to you (including but not limited to transaction information input errors, illegal activities conducted by criminals using your account, bank card or other valuable cards, etc.). We shall not be responsible for any aforesaid risks and losses arising from your use of third-party payment tools. You are strongly recommended to carefully read the user service agreement, privacy policy and other legal documents relating to third-party payment tools before making any payment.
(4) You understand and agree that, once you have made payment in accordance with the fee rates published by the Platform, the amount you have paid for subscribing to certain services is not refundable, nor can it be applied to subscription fees of other services. You are kindly reminded to carefully confirm your account number and relevant information before making any payment. We are not responsible for your losses in case you use incorrect account information, improper operation.
7. Automatic Renewal
(1) Subscribed Services include an automatic renewal function (the “Automatic Renewal”) which you agree to authorize us to collect the service fees for the next billing period from the payment methods bound to your account. The collection will be made no less than twenty four (24) hours before the end of the existing service term and such service fees will be credited to your payment records and your subscribed services will be extended accordingly.
(2) You need to ensure that we can collect the service fees from your account and that any failure of renewal due to insufficient balance in your account shall be for your sole account.
(3) You are entitled to terminate the Automatic Renewal at your sole discretion. If you choose to terminate the Automatic Renewal, please follow the appropriate settings and instructions in your account. If you do not terminate the Automatic Renewal at least twenty four (24) hours before the end of the existing subscription period, you are deemed to allow us to collect the service fees in accordance with this Agreement and any applicable Specific Rules.
(4) Before the payment of the service fees for Automatic Renewal, in the case of any change to the rate of services fees, the latest prices at the time of collecting the service fees for Automatic Renewal shall apply.
(5) You understand and agree that your authorization to us for collecting the automatic renewal service fees prior to your termination of the Automatic Renewal shall remain valid and any deductions made under such authorization shall not be refunded.
(6) You understand and agree that any payment made by you shall not be refunded, unless otherwise agreed.
(7) We are entitled to amend the subscribed services and relevant terms in our sole discretion. We will announce such change or modification on the Platform prior to implementation of such change or modification; however, we may not separately send any individual notice every time. If you do not agree to such change or modification, you can choose to terminate the subscribed services and stop using such services. If you continue to use the subscribed services, you will be deemed to have accepted such amendments.
8. Virtual Property
(1) Fraiza may offer a feature allowing users to purchase virtual property services (“Coins”) to you, and we have the right to make relevant management rules (being Specific Rules) for such services.
(2) The value of the Coins is determined by Fraiza based on the currency of your jurisdiction and Fraiza further reserves the right to modify the purchase exchange rate between actual currency and virtual Coins from time to time, with or without reason, in its sole discretion. By your use of the Service, you confirm your understanding of and accept the then-current exchange rate of any Coins at the time of your purchase.
(3) Your use of any Coins purchased shall be solely for legitimate purposes within the Service, and must comply with all applicable laws at all times (i.e. no exchanging of Coins for any activity, product, conduct, or services deemed unauthorized by the Agreement or our community policy).
(4) If your account is terminated by Fraiza for cause, any outstanding Coins remaining in your account at the time of termination may be confiscated and will not be recoverable unless otherwise agreed by us at our sole and absolute discretion.
(5) You understand that the purchase of Coins requires actual money. If you disagree with any part of or do not fully understand our exchange rate policy, please refrain from purchasing or using any Coins in connection with the Service.
(6) You understand that Fraiza may change, modify or update the Agreement, or the terms of sale in connection with the Coins from time to time and that such revised terms will apply to all subsequent purchases of any Coins, and you agree that you will review the Agreement and any terms regarding the sale of Coins prior to making any purchase.
(7) Coins are virtual assets that can be got by online payments such as credit cards, debit cards, bank transfers, e-wallets, Google Payments, iTunes Payments and so on;
(8) Fraiza not allowed users to generate chargebacks or refund or dispute the bills if the coins had been sent to the Fraiza ID and the bills meet with local laws. The ID and the Device will be banned forever, and the diamonds which are generated by the coins also will be deducted.
9. Third Party Services
You may access and use services provided by third-party service providers while you use the Services (such as third-party payment instruments and third-party SDKs, etc.). You understand and agree that such third party services are provided by the relevant third party service provides and not us. To the fullest extent allowed by applicable laws and regulations, we will not bear the responsibility for any liabilities arising therefrom. You may be subject to agreements of third-party service providers (for example, you may need to enter into a separate agreement with a third-party payment tool, etc.). Please be reminded that you shall carefully read and fully understand the user service agreement, privacy policy and other agreements made by the third-party providers before using any of their services or products.
10. Advertising/Promotions
Some of the Fraiza Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Fraiza may place such advertising and promotions on the Fraiza Services or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
11. Abuse/Complaints
You can report any abuse or complaint about Content on Fraiza. We provide "Block" and "Report" functions for users to help us keep Fraiza clean and safe. You can report a user directly from a profile, by clicking the "Report" on their profile and choosing the reason for the complaint. You can also report a moment directly by clicking the "Report" on the moment detail page, and choosing the reason for the complaint. All the reports will be verified by our "Audit Team" and make the corresponding process according to the actual situation based on our policies. If you believe we process it by mistake, we will provide you with an opportunity to appeal via "Feedback" at dalhoumisa@gmail.com . We will always try our best to help resolve any issue that you may encounter with our service.
12. Proprietary Rights
(1) Fraiza does NOT claim ANY ownership rights in the Content that you post on or through the Fraiza Services. By posting any Content on or through the Fraiza Services, you hereby grant to Fraiza a non-exclusive, royalty-free, sublicensable, transferable and worldwide license to use, copy, reproduce, process, adapt, transmit, distribute, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Content in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Fraiza Services.
(2) You represent and warrant that: (i) you own the Content posted by you on or through the Fraiza Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Fraiza Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Platform does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Fraiza Services.
(3) The Fraiza Services contain content of Fraiza ("Fraiza Content"). Fraiza Content is protected by copyright, trademark, patent, trade secret and other laws, and Fraiza owns and retains all rights in the Fraiza Content and the Fraiza Services. Fraiza hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Fraiza Content (excluding any software code) solely for your personal use in connection with viewing the Platform and using the Fraiza Services.
(4) The Fraiza Services contain the Content of users and other Fraiza licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Fraiza Services.
(5) Fraiza performs technical functions necessary to offer the Fraiza Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Fraiza Services.
(6) Although the Platform and Services are normally available, there will be occasions when the Platform or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Fraiza. Also, although Fraiza will normally only delete Content that violates this Agreement, Fraiza reserves the right to delete any Content for any reason, without prior notice. Deleted Content may be stored by Fraiza in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Fraiza encourages you to maintain your own backup of your Content. In other words, Fraiza is not a backup service. Fraiza will not be liable to you for any modification, suspension, or discontinuation of the Fraiza Services, or the loss of any Content.
13. Disclaimer of warranties and limitation of liability
To the fullest extent permitted by law, Fraiza expressly excludes:
(1) all conditions, representations, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity; and
(2) any liability incurred by you arising from the use of Fraiza, its services, or these terms and conditions, including without limitation for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if Fraiza has been advised of the possibility of such damages or losses, arising out of or in connection with the use of Fraiza. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury (other than caused by our negligence), property damage, operator errors, strikes or other labor problems or any act of god in connection with Fraiza including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
We make no representations that the Services are appropriate or available for use in your location. Your access or use the Services at your own volition and are responsible for compliance with local applicable laws (if any).
14. Indemnity
You agree to defend, indemnify and hold harmless Fraiza, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to the Fraiza Service; (ii) your violation of any term of the Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user Status Submissions caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Fraiza Service.
15. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to the choice of law principles. Any dispute arising out of or in connection with these terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre(“HKIAC”) in accordance with the Arbitration Rules of the HKIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be in Hong Kong. The language of the arbitration shall be English.
16. Amendments
We reserve the right to make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. we may provide notice on the Platform if we make changes to policies, guidelines, or other terms referenced in or incorporated by this Statement.
17. No Waiver
Our failure to insist upon or enforce any provision of the Agreement shall not be construed as a waiver of any provision or right.
19. Security
We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
20. Severability.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid, then that provision shall be deemed to be removed from the Agreement without affecting the rest of the Agreement, and the remaining provisions of the Agreement shall continue to be valid and enforceable.
21. Exclusion of Warranties
THE SERVICES ARE PROVIDED “AS IS”, AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
  • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
22. Miscellaneous
This Agreement is personal to you and us and may not be enforced by any third party, and the Contracts (Rights of Third Parties) Ordinance shall not apply to this Agreement.
The headings hereof are designed for the convenience of reading only and shall not affect the meaning or interpretation of any terms of this Agreement.
23. About us
The Platform is owned and operated by Haflla HK Limited and/or any of its assignees. You can download the application from Google Play Store for Android Devices, Apple Store (where available) for iOS devices, and any other channels and methods with our authorization. We do not recognize the validity of any products and/or services that have been obtained through any other unauthorized channels or methods, nor do we recognize the validity of any products and/or services that infringe or counterfeit the Services. If you have any questions, complaints, or claims with respect to the Agreement or Fraiza Services, they should be directed to Fraiza via dalhoumisa@gmail.com . Thank you for supporting us.