Terms and Conditions for Fringle
Last Updated on May 19, 2025
1. Acceptance of Terms and Conditions.
THESE TERMS AND CONDITIONS (“AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND TYKLE, LLC (“WE”, “US”, OR “COMPANY”), THE OWNER AND OPERATOR OF THE COMPANY’S WEBSITE (THE “WEBSITE”) AND THE TYKLE MOBILE APP (COLLECTIVELY, THE “PRODUCT”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PRODUCT. BY ACCESSING AND USING THE PRODUCT, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED, AND YOU MUST NOT, ACCESS OR USE THIS PRODUCT.
2. Personal Information/Privacy.
You agree to provide accurate, current and complete information as required for submitting information to the Product. We reserve the right to block, remove, or otherwise delete users who provide false, inaccurate, or incomplete data. The Company’s Privacy Policy explains how Your personally identifiable information is collected, used and disclosed. We respect Your privacy and will use information provided by You only in accordance with this Agreement and the Privacy Policy. Further, You agree to be bound by the terms of Company’s Privacy Policy which can be found at the following link: [insert link to Privacy Policy].
3. Eligibility.
You must be at least 18 years of age to create an account on the Product and use any service of the Product. By creating an account and using the Product, You represent and warrant that: You are not a person who is barred from using the Product under the laws of the United States or any other applicable jurisdiction; You will comply with this Agreement and all applicable local, state, national, and international laws, rules and regulations; and You have never been convicted of or pled no contest to a felony, sex crime, or any crime involving violence, and that You are not required to register as a sex offender with any state, federal, or local sex offender registry. The Company may terminate Your account at any time without notice if the Company believes you have violated this Agreement.
4. Use of Product; Intellectual Property Rights; User Content.
4.1. Use of Product
Subject to Your compliance with this Agreement, the Company hereby grants You a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Product and use the content, information, text, images, logos, icons, graphics, interfaces, Product design, audio, and video clips and any other materials displayed on the Product (collectively, the “Content”), solely for Your personal, non-commercial use. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If You breach any term of this Agreement, Your authorization to use the Product and Content automatically terminates without notice to You.
You hereby represent and warrant that You will not, and will not induce any third-party to: (a) attempt to disable or circumvent any security mechanisms used by the Product or Content or otherwise attempt to gain unauthorized access to any portion of the Product or Content or any other systems or networks connected to the Product, or to any server of Company or its third-party service providers, by hacking, password “mining,” or any other illegal means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Product or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Product or with any other person’s use of the Product; (d) track or seek to trace any information on any other person who visits the Product; use the Product or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Product or Content or that is otherwise applicable to the Product or the Content.
4.2. Paid Use of Product
To the extent You elect to use any portion of the Product that is made available for a fee, You will be required to select a payment plan, pay for the applicable fee and provide information regarding Your credit or debit card. Our Product’s service is available under subscription plans of various durations and on a flat fee or recurring basis. We only accept valid credit or debit payments. You hereby represent and warrant that such information is true and that You are authorized to use the payment instrument. You agree to pay the Company the amount that is specified in the payment plan you select on the Product in accordance with the terms of such plan. You hereby authorize the Company to bill Your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until You terminate the use of such paid Product, and You further agree to pay any charges so incurred. Your use of any recurring paid service of the Product will be automatically renewed at the each of each subscription period, unless You provide Us with 72 hours’ notice of Your intent not to renew the recurring paid service. If Your recurring paid service is renewed, You authorize Us to charge your credit or debit card. From time to time, We may change the price of any service of the Product. Any increase in charges will not apply until the expiry of Your then current billing cycle.
You are also responsible for paying any taxes and handling fees that may apply to any purchase and You authorize the Company or the third-party payment processing service provider that Company engages to charge Your credit card for any such taxes and fees. If for any reason the Company cannot charge Your credit or debit card, Your purchase may be suspended or cancelled. In the event of a suspended purchase, the suspension of service will remain in effect until You update Your payment information with the Company. All fees and payments may be collected by a third-party specializing in the collection, transmitting and storing of credit card information and all credit card and payment information is stored by said third-party to help ensure privacy and security of the Consumer’s payment credentials. The Company reserves the right to change the Product’s prices, without notice to You – If the Company does, at our option, we may provide notice of the change on the Website or in email to You. Your continued use of the Product after the price change becomes effective constitutes Your agreement to pay the changed amount.
All payments are final, non-refundable, non-partially refundable and non-transferable under any circumstances.
4.3. Intellectual Property Rights
You hereby acknowledge and agree that the Company or its licensors own all legal right, title and interest in and to the Content and the Product, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and proprietary rights therein, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Your use of the Product does not grant You ownership of any kind in any Content. You may access Content on or through this Product. Unauthorized use is strictly prohibited.
4.4. User Content
The Product may offer You the opportunity to post and/or submit profile information, comments, stories, and other content on the Product (collectively the “User Content”). By submitting User Content, You grant to Company an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exhibit and display such User Content throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that Company is free to use any ideas, concepts, or know-how that You or individuals acting on your behalf provide to Company without any monetary or other obligation to You. To the maximum extent permitted by law, You waive any and all “moral rights” You may have in User Content.
You agree not to post on or transmit to the Product or otherwise provide to Company any User Content or other material that:
- is unlawful; libelous; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene;
- sexually explicit; profane; hateful; racially, ethnically or otherwise objectionable in any manner;
- is an advertisement or promotion for any product or service that is not an approved product of Company;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- promotes the use of alcohol, tobacco, or any illegal substance;
- constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
- infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
- is false or misleading; or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware or other equipment.
You are solely responsible for Your User Content and You agree to defend, indemnify and hold harmless Company and its members, owners, employees and agents from and against any losses, expenses, liabilities, claims, costs and damages (“Claims”) arising from Your User Content, including but not limited to, any Claim(s) arising out of breach of this Agreement or for infringement of copyright, trademark, patent or other proprietary rights. You understand and acknowledge that User Content may be published and that Company has no obligation to keep such User Content confidential. You further agree that any User Content You provide does not contain any confidential, proprietary or trade secret information of any third-party. We have no obligation to store, keep copies or return any User Content.
We reserve the right to take any action with respect to User Content that We deem necessary or appropriate in our sole discretion if We believe any User Content violates this Agreement, is inappropriate on the Product, may create liability for Company, or may cause Company to lose (in whole or in part) the services of its internet service provider, advertisers, or other suppliers. Such action may include, but is not limited to, removing, deleting, modifying or altering User Content, either with or without notice to You.
5. Third-Party Websites; Indemnification.
5.1. Third-Party Websites
The Product may provide links to third-party websites that are not owned or controlled by Company (the “Third-Party Websites”), including but not limited to Facebook and partners or sponsors of the Company. We provide such links solely as a convenience to You. We do not review, approve, endorse or make any representations about such Third-Party Websites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third-Party Websites, or any results that may be obtained from using them. If You decide to access any such Third-Party Websites linked to the Product, You are solely responsible for your activities conducted in connection with such Third-Party Websites. Your use of Third-Party Websites is subject to the terms of use and privacy policies located on the Third-Party Websites which may be different from this Agreement or our Privacy Policy and, therefore, We recommend that You review such Third-Party Website privacy policies.
5.2. Indemnification
You hereby agree to defend, indemnify, and hold Company and its members, owners, employees and agents harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorney’s fees and costs) arising from:
(i) Your use of the Product or any content You submit through the Product;
(ii) a breach of these Terms and Conditions by You, Your employees or agents;
(iii) a breach of any applicable law by You, Your employees or agents; and
(iv) any action against Company by a third-party as a consequence of any of the above.
6. Disclaimer of Warranties.
Company cannot and does not represent or warrant that the Product or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet Your requirements.
THE PRODUCT AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “TYKLE PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT, CONTENT OR PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCT OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT, CONTENT, OR PRODUCT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE PRODUCT, CONTENT OR PRODUCT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE PRODUCT, CONTENT OR PRODUCT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PRODUCT, CONTENT OR PRODUCT.
7. Limitation of Liability.
IN NO EVENT SHALL ANY TYKLE PARTY BE LIABLE TO YOU, OR ANY THIRD-PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCT OR LOSS OF THE USE OF THE PRODUCT, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT ANY TYKLE PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH TYKLE PARTYS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Choice of Law; Dispute Resolution; Class Action Waiver.
8.1. Choice of Law
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California without regards to its conflicts of laws principles.
8.2. Dispute Resolution/Acknowledgment of, and Agreement to, Arbitration
Except as prohibited by law, any dispute or controversy regarding the enforcement or interpretation of this Agreement will be resolved through binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association in Santa Clara County, California. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of the parties to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration
8.3. Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither You nor Company has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
9. General Terms.
9.1. Entire Agreement
This Agreement and any other terms or privacy policies referenced herein, is the entire agreement between You and the Company and supersedes any prior agreement or understanding regarding anything connected to that subject matter.
9.2. Amendment; Modification
Company may add to, change or remove any part of the Product, including, without limitation, any Content, at any time without prior notice to You. We also reserve the right to modify this Agreement at any time. When We make changes to the Agreement, We will revise the “Last updated” date at the top of the Agreement and We will notify You of the changes by prominently posting a notice of such changes on the Product and/or be sending You an email. We encourage You to review this Agreement whenever You visit the Product. By continuing to access and use the Product after any such changes have been posted, You are indicating your acceptance of such changes, even if You have not reviewed the changes.
9.3. Electronic Communications
Whenever You visit our Product or send emails to Us, You are communicating with Us electronically. For that reason, You also consent to receive communications from Us electronically. We will communicate with you by email (if you have provided your email address to Us), by posting notices on our Product or by such other means as We may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
9.4. Waiver
Company’s failure to exercise, partially exercise or delay in exercising any right or remedy under this Agreement shall not operate as a waiver or estoppel of any right, remedy or condition.
9.5. Severability
If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
9.6. Assignment
You may not assign or otherwise transfer your rights, or delegate your performance, under this Agreement to a third-party without Company’s prior written consent. Company may assign or transfer its rights or delegate any performance under this Agreement to any third-party in its sole discretion.
9.7. Comments and Concerns
The Product is operated by RISENTECH, LLC. Any feedback, comments, requests for technical support, and other communications relating to the Product should be directed to: [info@fringleapp.com].