Terms of Service

1. Agreement

1.1 These Terms of Service (the "Terms") constitute a binding agreement between you and Triton Agency, LLC, a South Carolina limited liability company doing business as FriendFrame (the "Company," "we," "us," or "our"), governing your access to and use of the website located at friendframe.com, the web application located at my.friendframe.com, and the FriendFrame applications for television devices (collectively, the "Service").

1.2 By creating an account or using the Service, you agree to these Terms and acknowledge the Privacy Policy. If you do not agree to these Terms, you may not use the Service.

2. Accounts and Eligibility

2.1 You must be at least thirteen (13) years of age to create an account. You must have reached the age of majority in your jurisdiction to purchase a paid plan, or a parent or legal guardian must purchase it on your behalf.

2.2 You agree to provide accurate account information, including an email address at which you receive mail, and to keep that information current.

2.3 You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. You must notify us promptly at support@friendframe.com of any unauthorized use of your account.

2.4 Each account is for use by a single individual. You may not share your account credentials or create an account on behalf of another person without that person's authorization.

3. User Content

3.1 As between you and the Company, you retain all ownership rights in the photographs, captions, names, and other material you submit to the Service ("User Content").

3.2 You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, resize, process, transmit, and display your User Content solely to the extent necessary to provide the Service to you and to the users and devices with which you share it. This license terminates when the User Content is deleted from the Service, except with respect to residual copies retained in caches and backups as described in the Privacy Policy.

3.3 The Company does not use User Content for advertising, does not sell User Content, and does not use User Content to train machine learning models.

3.4 The Service stores resized copies of photographs and does not retain original files. The Service is not a backup or archival service, and you are responsible for maintaining your own copies of your User Content.

4. Content Standards

4.1 You represent and warrant, with respect to all User Content you submit or share, that:

1. you own the User Content or have obtained all rights, licenses, and consents necessary to submit and share it, and its submission and sharing do not infringe or violate the intellectual property, privacy, publicity, or other rights of any person;
2. the User Content is not unlawful and does not depict the sexual abuse or exploitation of a minor, non-consensual intimate imagery, graphic violence, or material that harasses, threatens, or promotes hatred against any person or group; and
3. you will send invitations only to persons you reasonably believe wish to receive them, and you will not use the Service to send unsolicited messages.

4.2 You are solely responsible for User Content depicting other individuals, including minors. The Company reports apparent child sexual abuse material to the National Center for Missing & Exploited Children and to law enforcement as required by law.

5. Sharing and Moderation

5.1 Each frame and album has an owner and may have managers, who control membership and the content shown. Owners and managers may approve or decline content submitted by contributors, remove content, and remove members. User Content you share to a frame or album owned by another user is subject to that owner's and its managers' control.

5.2 Content shown on a frame is visible to any person able to view the television device on which it is displayed.

5.3 The Company does not pre-screen User Content. The Company may remove User Content or restrict access to an account if the Company reasonably believes that the User Content or account violates these Terms or applicable law, or if required to do so by law.

6. Television Devices

6.1 The FriendFrame television applications operate on third-party platforms, including Roku. Your use of such devices and their application stores is subject to the terms and privacy policies of the respective platform operators. Platform operators are not parties to these Terms and have no obligation to provide support for the Service.

6.2 You are responsible for unpairing a television device from your account before disposing of, selling, or transferring the device.

7. Plans, Fees, and Billing

7.1 Plans. The Service is offered under a free plan (the "Free Plan") and a paid subscription plan (the "Family Plan"). The features and usage limits of each plan are described on the pricing page at friendframe.com/pricing/ and may be updated in accordance with Section 12. Usage limits are measured against the account that owns the relevant frames and albums.

7.2 Fees and payment. The Family Plan is billed monthly in advance at the price displayed at the time of purchase, currently U.S. $4.99 per month. Payments are processed by Stripe, Inc. on our behalf using the payment method you provide. Fees are stated in U.S. dollars and exclude applicable taxes, which will be added where required by law.

7.3 Automatic renewal. THE FAMILY PLAN RENEWS AUTOMATICALLY AT THE END OF EACH MONTHLY BILLING PERIOD UNTIL CANCELED. BY SUBSCRIBING, YOU AUTHORIZE THE COMPANY TO CHARGE YOUR PAYMENT METHOD THE THEN-CURRENT FEE AT EACH RENEWAL.

7.4 Cancellation. You may cancel the Family Plan at any time through the billing settings in the Service. Cancellation takes effect at the end of the current billing period, after which the account reverts to the Free Plan. Existing frames, albums, and photographs are not deleted upon reversion; however, while the account exceeds the Free Plan limits, you will be unable to add frames, photographs, or members beyond those limits.

7.5 Refunds. Except as required by applicable law, fees are non-refundable, including for partial billing periods.

7.6 Price changes. The Company may change the price of the Family Plan upon at least thirty (30) days' notice. A price change takes effect at the start of the first billing period following the notice period. You may cancel before the price change takes effect.

7.7 Failed payments. If a payment cannot be collected, the Company may revert the account to the Free Plan until payment is made.

8. Prohibited Conduct

8.1 You shall not: (a) access or attempt to access any account, frame, album, or content that has not been shared with you; (b) probe, scan, or test the vulnerability of the Service or circumvent any security or rate-limiting measure; (c) scrape, crawl, or bulk-download content from the Service; (d) interfere with or impose an unreasonable load on the Service; (e) upload malicious code; (f) resell, sublicense, or commercially exploit the Service; or (g) use the Service for any unlawful purpose.

9. Intellectual Property

9.1 The Service, including its software, applications, designs, and the FriendFrame name and logo, is owned by the Company or its licensors and is protected by intellectual property laws. Subject to these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service.

9.2 Except as permitted by applicable law, you shall not copy, modify, distribute, decompile, or reverse engineer any part of the Service.

9.3 If you provide the Company with feedback or suggestions regarding the Service, the Company may use them without restriction or obligation to you.

10. Copyright Notices

10.1 The Company responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Notices must be sent to support@friendframe.com or to the mailing address in Section 18 and must include: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

10.2 The Company will remove or disable access to material that is the subject of a valid notice and will terminate the accounts of repeat infringers in appropriate circumstances.

11. Suspension and Termination

11.1 You may stop using the Service at any time. You may delete your account from the account settings of the Service or request deletion by emailing privacy@friendframe.com. Deleting your account cancels any Family Plan subscription immediately rather than at the end of the current billing period, and Section 7.5 applies to any fees already paid.

11.2 The Company may suspend or terminate your account, with notice where reasonably practicable, if you breach these Terms, if your use of the Service creates risk or legal exposure for the Company or others, or if the Company discontinues the Service.

11.3 Upon termination, User Content associated with the account will be deleted as described in the Privacy Policy. Sections 3.1, 7.5, 9, and 13 through 17, and any other provisions that by their nature are intended to survive, survive termination of these Terms.

12. Modifications

12.1 The Company may add, modify, or discontinue features of the Service. The Company will provide notice of any modification that materially reduces the features of a paid plan.

12.2 The Company may amend these Terms from time to time. The effective date at the top of these Terms indicates when they were last revised. The Company will notify you of material amendments by email or through the Service before they take effect. Your continued use of the Service after an amendment takes effect constitutes acceptance of the amended Terms.

13. Disclaimer of Warranties

13.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE, OR THAT CONTENT WILL NOT BE LOST. THE COMPANY IS NOT RESPONSIBLE FOR CONTENT SUBMITTED BY OTHER USERS.

13.2 Some jurisdictions do not allow the exclusion of certain warranties, so some of the foregoing exclusions may not apply to you.

14. Limitation of Liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, MANAGERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).

14.3 Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the foregoing limitations apply only to the extent permitted by law.

15. Indemnification

15.1 You agree to indemnify and hold harmless the Company and its members, managers, employees, and contractors from and against all claims, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of your User Content, your breach of these Terms, or your violation of the rights of any third party, except to the extent caused by the Company's own misconduct. The Company will give you prompt notice of any such claim.

16. Governing Law and Venue

16.1 These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of laws principles.

16.2 Before commencing any proceeding, you agree to first contact the Company at support@friendframe.com and attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days.

16.3 Any dispute not resolved informally shall be brought exclusively in the state or federal courts located in York County, South Carolina, and each party consents to the personal jurisdiction of those courts, except that either party may bring an individual claim in a small claims court of competent jurisdiction.

16.4 Nothing in this Section deprives you of the protection of mandatory consumer protection laws of your country or state of residence, including any right to bring proceedings in your place of residence.

17. General Provisions

17.1 Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements.

17.2 Severability. If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

17.3 No waiver. The Company's failure to enforce any provision of these Terms is not a waiver of its right to do so later.

17.4 Assignment. You may not assign or transfer these Terms without the Company's prior written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

17.5 Force majeure. Neither party is liable for any delay or failure to perform resulting from causes beyond its reasonable control.

17.6 Notices. The Company may provide notices to you by email to the address associated with your account or through the Service.

18. Contact Information

18.1 Notices and questions regarding these Terms may be directed to: