Last updated: 23 September 2020
These Terms of Service ("Terms") govern your access to and use of the Frankie website, apps, APIs, and widgets (the “Service”) of Hiplee Limited, NZ Company number 6657353, which also conducts business as "Frankie", (here after referred to as “Hiplee” and/or "Frankie"). Please read these Terms carefully - and contact us if you have any questions - as they affect your legal rights, including an agreement to resolve any disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials.
By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, our Cookies Policy and our Community Guidelines. If you do not agree with any term or condition set forth below, you are not authorized to use the Service for any purpose.
Frankie reserves the right to modify the Terms of Service from time to time without prior notice, effective upon posting an updated version of this Terms of Service on the Service or Site. You are responsible for regularly reviewing this Terms of Service. Continued use of the Service after any such modifications to the Terms of Service shall constitute your consent to such modifications.
Frankie helps e-commerce merchants enjoy greater success by converting browsers into buyers. To do that, we provide a range of applications. To provide our Service we need to be able to identify your e-commerce site and information about it’s products and customers.
You may use a Frankie Service only if you can legally form a binding contract with Frankie , and only in compliance with these Terms and all applicable laws. When you create your Frankie account, you must provide us with accurate and complete information. You warrant that you are a human, and not a computer service or automated “bot”. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Frankie if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Frankie has been provided to us. Using Frankie may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
You understand that Frankie uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by Frankie, we reserve the right to limit your bandwidth to the Service.
Our license to you
Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
We also collect some information automatically:
Frankie may bill you directly or via a third party (e.g., Shopify).
If being billed directly, a valid credit card is required for paying accounts. A valid credit card must be added to your account via the Account > Billing page. Your credit card statement will show a payment to “Frankie”.
There is no charge for the Free Service. The Premium Service is billed in advance every month and is non-refundable. However, Frankie will charge your credit card a prorated amount for any upgrade or downgrade in plan level.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds or refunds for months unused with an open account.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Frankie does not accept any liability for such loss.
The Premium free trial will begin the day the Premium account is opened and will end when the trial period has ended.
Frankie accounts can be cancelled in the app by the user at anytime by completing the cancellation process. This will mean:
We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
Frankie may terminate or suspend your right to access or use the Service for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Community Guidelines. Upon termination, you continue to be bound by these Terms.
We care about the security of our users. While we work to protect the security of your account and content, Frankie can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
Frankie contains links to third party websites, advertisers, services, special offers, and other events or activities that are not owned or controlled by Frankie. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Frankie, you do so at your own risk and you agree that Frankie has no liability arising from your use of or access to any third party website, service, or content.
You must not violate any laws in your jurisdiction, including but not limited to any copyright laws. You acknowledge that the Service is licensed to you and that Frankie retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights).
You agrees not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Frankies prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Frankie (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
Frankie claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership.
Your warrant that during your use of the Service you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with Frankie or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Frankie customer, employee, member, or officer.
Frankie reserves the right to modify or remove parts of the Service at any time. Frankie will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to you.
Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from Frankie. Such notice may be provided by posting the changes to the Site or the Service itself.
Frankie shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The Service is provided “as-is” and Frankie disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade.
Frankie cannot guarantee and does not promise (i) specific results from use of the Service, (ii) that the service will meet your specific requirements, (iii) that the service will be uninterrupted, Frankie, secure, or error-free, (iv) that the results that may be obtained from the use of the service will be accurate or reliable, (v) that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (vi) that any errors in the Service will be corrected.
Except in jurisdictions where such provisions are restricted, in no event will Frankie or any of Frankie’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Service, even if Frankie has been advised of the possibility of such damages.
Frankie takes no responsibility and assumes no liability for any Content posted or sent using the Site or our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. Frankie assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Frankie is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Frankie without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you’re a consumer in the EEA, Frankie may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment, you are entitled to terminate the agreement with immediate effect by deactivating your account. Frankie will provide you with reasonable notice of any such assignment.
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Frankie shall constitute the entire agreement between you and Frankie concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
You agree to indemnify and hold Frankie, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms or your violation of any law or the rights of a third party.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Frankie's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise or replace these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. If a revision is material we will try to provide at least 30 (change this) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use Frankie after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Frankie.
These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
If you have any questions about these Terms, please contact us. Our contact details are available on our FrankieAI.com website.