Terms of Service

Effective Date: January 1, 2025

Summary: By using Fragger, you agree to these terms. Please read them carefully. These terms govern your use of our platform including discovery features, marketplace transactions, and community participation.

1. Acceptance of Terms

By accessing or using Fragger ("we," "our," or "us"), including our website, mobile applications, and services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Platform.

You must be at least 13 years old to use Fragger. If you are under 18, you must have parental consent to use the Platform and make purchases.

2. Account Registration

2.1 Account Creation

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

2.2 Account Types

  • Standard Account: Free access to discovery, community, and basic features
  • Seller Account: Ability to list and sell fragrances in the marketplace
  • Verified Account: Enhanced credibility for influencers and experts
  • Business Account: For brands and retailers (additional terms apply)

3. Use of the Platform

3.1 Permitted Use

You may use Fragger to:

  • Discover and research fragrances
  • Manage your fragrance collection
  • Write reviews and participate in discussions
  • Buy and sell fragrances through the marketplace
  • Connect with other fragrance enthusiasts
  • Access educational content and recommendations

3.2 Prohibited Activities

You agree not to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Post false, misleading, or fraudulent content
  • Harass, abuse, or harm other users
  • Spam or send unsolicited communications
  • Scrape, crawl, or use automated systems without permission
  • Attempt to gain unauthorized access to any part of the Platform
  • Sell counterfeit or illegal products
  • Manipulate reviews or ratings
  • Create multiple accounts to evade restrictions
  • Use the Platform for any illegal or unauthorized purpose

4. User Content

4.1 Your Content

You retain ownership of content you post ("User Content"), including reviews, photos, forum posts, and collection details. By posting User Content, you grant Fragger a worldwide, non-exclusive, royalty-free, perpetual license to use, modify, display, and distribute your content on the Platform.

4.2 Content Standards

User Content must not:

  • Be illegal, harmful, threatening, abusive, or defamatory
  • Contain personal information of others without consent
  • Infringe on intellectual property rights
  • Contain viruses or malicious code
  • Be sexually explicit or offensive
  • Promote discrimination or hate speech
  • Advertise without authorization

4.3 Moderation

We reserve the right to remove, edit, or refuse to post any User Content that violates these Terms. We may, but are not obligated to, monitor or review User Content.

5. Marketplace Terms

5.1 Marketplace Overview

Fragger provides a platform for users to buy and sell fragrances. We are not a party to transactions between buyers and sellers but facilitate these transactions.

5.2 Seller Obligations

Sellers agree to:

  • Provide accurate descriptions and photos of items
  • Only sell authentic products (no counterfeits)
  • Ship items promptly and as described
  • Respond to buyer inquiries in a timely manner
  • Comply with all applicable laws and regulations
  • Pay applicable fees and taxes

5.3 Buyer Obligations

Buyers agree to:

  • Pay for items purchased in a timely manner
  • Provide accurate shipping information
  • Review listings carefully before purchasing
  • Communicate issues promptly and in good faith

5.4 Disputes

We provide tools for dispute resolution but are not responsible for resolving disputes between users. Users are encouraged to work together to resolve issues. We may provide assistance or mediation at our discretion.

5.5 Fees

Fragger charges fees for certain marketplace services. Current fees are displayed during the listing process. We reserve the right to change fees with notice to users.

6. Affiliate Disclosure

Fragger participates in affiliate programs with various retailers. When you click on certain links and make a purchase, we may earn a commission at no additional cost to you. This helps support our platform and keep many features free. We maintain editorial independence and our recommendations are based on merit, not commissions.

We comply with FTC guidelines regarding affiliate disclosures. Affiliate relationships are disclosed where applicable.

7. Intellectual Property

7.1 Fragger Property

The Platform and its original content (excluding User Content), features, and functionality are owned by Fragger and are protected by international copyright, trademark, and other intellectual property laws.

7.2 Trademarks

"Fragger" and our logos are trademarks of Fragger. You may not use our trademarks without prior written permission. All other trademarks on the Platform belong to their respective owners.

7.3 Copyright Policy

We respect intellectual property rights and expect users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

8. Privacy and Data Protection

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our collection and use of your information as described in the Privacy Policy.

9. Disclaimers and Limitations of Liability

9.1 "As Is" Basis

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee

We do not guarantee that:

  • The Platform will be uninterrupted or error-free
  • Defects will be corrected
  • The Platform is free of viruses or harmful components
  • Results from using the Platform will meet your expectations

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRAGGER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9.4 Maximum Liability

IN NO EVENT SHALL FRAGGER'S TOTAL LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID FRAGGER IN THE PAST TWELVE MONTHS.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fragger, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

  • Your access to or use of the Platform
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content
  • Any products you sell through the marketplace

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us at support@fragger.io. Upon termination, your right to use the Platform will immediately cease.

11.2 Termination by Fragger

We may terminate or suspend your account immediately, without prior notice, for any reason, including:

  • Breach of these Terms
  • Fraudulent, abusive, or illegal activity
  • Harming other users or the Platform
  • Creating risk or legal exposure for us

11.3 Effect of Termination

Upon termination, your right to use the Platform ceases. All provisions of these Terms that should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Dispute Resolution

12.1 Informal Resolution

We prefer to resolve disputes informally. Before filing a claim, you agree to try to resolve the dispute by contacting us at legal@fragger.io.

12.2 Arbitration Agreement

If we cannot resolve the dispute informally, you and Fragger agree to resolve any disputes through binding arbitration or small claims court, rather than in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court.

12.3 Class Action Waiver

YOU AND FRAGGER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Platform. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and Fragger regarding the use of the Platform.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Fragger Legal Team
Email: legal@fragger.io
Support: support@fragger.io
Address: [Your Business Address]

Note: These Terms of Service are comprehensive but should be reviewed by legal counsel before deployment to ensure compliance with your specific jurisdiction and business model.