HCI Insights Pty Ltd operates the Frank service, which we hope you use. If you use it, please use it responsibly. If you don't, we'll have to terminate your account.
For paid accounts, you'll be charged on a monthly basis. You can cancel anytime.
The Terms of Service, Frank itself, and our prices can change anytime. We'll warn you 30 days in advance of any price changes. We'll try to warn you about significant changes to the Terms of Service or Frank, but we make no guarantees.
This document is an adaptation of the Heroku Terms of Service, which is an adaptation of the Google App Engine Terms of Service. The original work has been modified under the Creative Commons Attribution 3.0 Licence. Neither Heroku, Inc. nor Google, Inc. is not connected with and does not sponsor or endorse Frank or its use of the work.
You're welcome to adapt and use this document for your own needs. However, if you improve, we'd appreciate it if you would let us know so we can consider improving our document.
Your use of the Frank service is governed by this agreement (the "Terms"). "Frank" means Frank. The "Service" means the services Frank makes available, including our websites, our blog, our API, and any other software, sites, and services offered by Frank in connection to any of those. "Customer Source Code" means any source code you submit to Frank to use the Service. "Content" means all content generated by Frank on your behalf (including metric data) and does not include Customer Source Code.
To use the Service, You (the "Customer," "You," or "Your") must first agree to the Terms. You understand and agree that Frank will treat Your use of the Service as acceptance of the Terms from that point onwards.
Frank may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Frank will treat Your use as acceptance of the updated Terms.
If you have any questions about the Terms, please get in touch with us at support@frank.care.
You may not use the Service if You are a person barred from receiving the Service under the laws of Australia or other countries, including the country in which You are resident or from which You use the Service.
You may not use the service unless you are over 13.
You must be a human. Accounts created by automated methods are not permitted. Use of the Service.
You must provide accurate and complete registration information any time You register to use the Service.
You are responsible for the security of Your passwords and any use of Your account.
Your use of the Service must comply with all applicable laws, regulations, and ordinances.
You agree to not engage in any activity that interferes with or disrupts the Service.
Frank reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in Frank disabling or throttling your usage of the Service for any amount of time.
You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.
The Service shall be subject to the privacy policy for the Service available. You agree to the use of Your data in accordance with Frank's Privacy Policy.
The Service may be provided to You without charge, with certain limits, or for a specific "trial" period.
Usage over this limit (or after the "trial" period) requires Your purchase of additional resources or services.
We will charge your credit card monthly for all purchased resources and services for subscriptions created with credit cards.
Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
Charges are solely based on Frank's measurements of Your use of the Service unless otherwise agreed to in writing.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
You acknowledge and agree that any credit card and related billing and payment information that You provide to Frank may be shared by Frank with companies who work on Frank's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Frank and servicing Your account.
Frank may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
You will not receive any refunds if You cancel Your account.
If You cancel the Service before the end of Your current paid up month, Your cancellation will take effect immediately, and You will not be charged again.
All Customer Source Code and Content will, within a reasonable amount of time to be determined solely by Frank, be deleted from the Service upon cancellation.
You agree that Frank, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice. You agree that Frank will not be liable to You or any third party for such termination.
Frank claims no ownership or control over any Customer Source Code. You retain copyright and any other rights You already hold in the Customer Source Code, and You are responsible for protecting those rights as appropriate.
You agree to assume full responsibility for configuring the Service to allow reasonable access to any Customer Source code provided to the Service.
You understand that public projects display Customer Source Code to any party on the Internet, including search engines and web spiders.
You understand that private projects will display Customer Source Code to You and any collaborators you designate for that project.
You retain sole responsibility for any collaborators or third-party services you allow to view Customer Source Code and entrust them at your own risk.
Frank is not responsible if you fail to configure or misconfigure your project and inadvertently allow unauthorised parties to view any Customer Source Code.
You may choose to, or we may invite You to submit comments or ideas about the Service, including but not limited to statements about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Frank under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You acknowledge and agree that the Service may change from time to time without prior notice to You.
Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
Frank shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
The Services may include hyperlinks to other websites, resources, or email content. You acknowledge and agree that Frank is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products, or other materials on or available from such websites or resources.
Frank gives You a personal, worldwide, royalty-free, non-assignable, and non-exclusive licence to use the software provided to You by Frank as part of the Service provided to You by Frank. This licence is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by Frank, in the manner permitted by the Terms.
You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Frank, in writing (e.g., through an open source software licence); or (b) attempt to disable or circumvent any security mechanisms used by the Service.
Open source software licences for components of the Service released under an open source licence constitute separate written agreements. To the limited extent that the open source software licence expressly supersede these Terms, the open source licences govern Your agreement with Frank for using the components of the Service released under an open source licence.
You expressly understand and agree that your use of the service is at your sole risk and that the service is provided "as is" and "as available.".
You agree that Frank has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Source Code.
Frank does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure, or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.
You expressly understand and agree that Frank, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which you may incur, however, caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not Frank has been advised of or should have been aware of the possibility of any such losses arising).
You agree to hold harmless and indemnify Frank, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Frank and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, Frank will provide You with written notice of such claim, suit, or action.
The Terms of Service shall be deemed to have been entered into and shall be construed and enforced following the laws of the State of South Australia as applied to contracts made and performed entirely within South Australia, without giving effect to any conflicts of law statutes. Any controversy, dispute, or claim arising out of or related to the Terms, the Privacy Policy, or the Service shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of South Australia, according to the laws and applicable laws of Australia. Any disputes that You may have with Frank shall be resolved individually, without resorting to any form of class action.
The Terms constitute the whole legal agreement between You and Frank and govern Your use of the Service and completely replace any prior agreements between You and Frank in relation to the Service.
You agree that if Frank does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Frank has the benefit of under any applicable law), this will not be taken to be a formal waiver of Frank's rights and that those rights or remedies will still be available to Frank.
Frank shall not be liable for failing or delaying the performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures, and Internet disturbances.