The purpose of these General Terms of Use (hereinafter "GTU") is to define the terms and conditions under which Frak Labs (hereinafter "We" or "Frak Labs") provides its services to users (hereinafter "You" or "User(s)").
Frak Labs offers an innovative solution, using decentralized technologies to allow brands and users to benefit from a reward system based on sharing and word-of-mouth.
Our services also include a non-custodial wallet solution allowing users to receive and manage their monetary rewards, as well as any other digital assets, such as decentralized loyalty cards and points, proofs of purchase, or certificates of authenticity.
The use of our services implies full and complete acceptance of these T&Cs. If You do not accept these conditions, You cannot use the services offered by Frak Labs.
1. Purpose of the T&Cs
These T&Cs govern access, use and terms of the services offered by Frak Labs, including but not limited to:
Management and monitoring of sharing campaigns for brands;
The creation and use of non-custodial wallets, allowing users to receive and manage their monetary rewards as well as any other digital assets (decentralized loyalty cards, proofs of purchase, certificates of authenticity, etc.);
Using user accounts to track interactions and receive rewards;
Access to integrated technical tools or solutions developed in collaboration with third-party partners.
When Frak Labs services involve the use of solutions or technologies offered by third parties, You also agree to comply with the general terms and conditions of use of these third-party partners, available on their respective platforms.
2. Access and use of services
Access to Frak Labs services requires the creation of a digital wallet that serves as a user account. If you are acting on behalf of an entity, you must be authorized to represent it. Frak Labs reserves the right to refuse or restrict access to its services to any person or entity that does not comply with these Terms of Use.
You are responsible for maintaining the confidentiality of your credentials and information related to your wallet. Any action performed via your wallet will be presumed to have been performed by you. In order to protect yourself from loss or theft of your device, you can set up a recovery protocol for your wallet.
By using our services, you agree to comply with these Terms and to use our solutions in a legal and compliant manner. Any attempt to circumvent security measures, fraudulent exploitation or misuse of the services is strictly prohibited. Similarly, you must not under any circumstances attempt to access Frak Labs services or data in an unauthorized manner, nor use our tools for illicit or harmful activities.
3. Operation of decentralized technical solutions and digital assets
Frak Labs provides a decentralized technical infrastructure to manage digital interactions in a secure manner. These solutions offer users the ability to receive and manage various digital assets, including monetary rewards, decentralized loyalty cards and points, proofs of purchase and certificates of authenticity, and to transfer these digital assets to external wallets. All of these assets are accessible via a dedicated wallet, designed to guarantee complete autonomy to the user.
Digital assets managed through the wallet remain the exclusive property of the user. Frak Labs has no access to the private keys associated with the wallet, which must be kept securely by the user. In the event of loss or compromise of these keys, Frak Labs cannot be held responsible.
The decentralized operation of our solutions is based on robust technical mechanisms to ensure the integrity of data and transactions. These processes are designed to provide a high level of security and transparency, while respecting the standards in force. However, the user must ensure compliance with all applicable laws regarding the use of these digital assets.
4. Intellectual property
All content, technologies and solutions offered by Frak Labs, including, but not limited to, software, interfaces, designs, brands, logos, texts, graphics, and any other element composing the services, are protected by the laws relating to intellectual property in force. These elements are the exclusive property of Frak Labs or its partners and licensors.
Use of the services does not confer any property rights over these elements. You are authorized to use the services only for your personal or professional use in accordance with these T&Cs. Any unauthorized reproduction, modification, distribution, or commercial exploitation of Frak Labs content or technologies is strictly prohibited, except with prior written consent.
Any violation of intellectual property rights may result in legal proceedings, without prejudice to other remedies that Frak Labs may exercise. In case of doubt about the rights or permitted uses, it is recommended to contact Frak Labs for clarification.
5. Personal data
Frak Labs places particular importance on the protection of its users' personal data. The processing of your data is carried out in accordance with the General Data Protection Regulation (GDPR) and applicable French laws on the subject.
5.1 Collection and use of data
The personal data collected during your use of the services is used exclusively for the management of user accounts, tracking of interactions, and the provision of functionalities associated with the wallet and digital assets. This data may include, but is not limited to, your email address, information related to your transactions, and your usage preferences.
5.2 Data retention
Your personal data is kept only for the period necessary to achieve the purposes for which it was collected, unless otherwise required by law. On expiry of this period, it is deleted or anonymized.
5.3 Sharing with third parties
Frak Labs only shares your personal data with third parties in the following cases:
Where necessary for the provision of the services in partnership with third parties, provided that the latter comply with equivalent standards of data protection.
When the law requires us to do so.
5.4 User rights
In accordance with the GDPR, you have rights over your personal data, including:
The right to access, rectify, or delete your data;
The right to limit or object to the processing of your data;
The right to the portability of your data.
To exercise these rights, you can contact Frak Labs at the address indicated in these T&Cs.
5.5 Data Security
Frak Labs implements appropriate technical and organizational measures to ensure the security and confidentiality of your personal data. However, since the complete security of data transmissions over the Internet cannot be guaranteed, you are invited to take all necessary precautions to protect your personal information.
6. Liability and limitations
Frak Labs strives to provide reliable and secure services, but cannot guarantee continuous availability or the absence of malfunctions. The services are provided "as is" and according to their availability, without any express or implied warranty, including, but not limited to, the warranties of merchantability, fitness for a particular purpose or non-infringement.
6.1 User Responsibility
You are fully responsible for the use of the services and the actions carried out via your account or wallet. You acknowledge that securing your credentials and private keys is your sole responsibility. In the event of loss or compromise of your private keys, Frak Labs cannot be held responsible.
6.2 Limitation of liability
Frak Labs disclaims any liability for:
Losses of digital assets due to handling errors, improper use or third-party attacks;
The consequences of using solutions offered by third-party partners;
Any temporary or permanent interruption of the services, for technical or other reasons.
However, if Frak Labs interfaces are interrupted, account management and transfers of digital assets will remain possible, through the use of an external tool, using the account recovery keys.
Under no circumstances may Frak Labs' liability exceed the amount of sums potentially received by Frak Labs in the context of your use of the services during the twelve months preceding the event causing the damage.
6.3 Force Majeure
Frak Labs shall not be held liable for delays or failures in the performance of its obligations due to events beyond its control, such as natural disasters, massive cyberattacks or interruptions to communications networks.
7. Modifications to the Services and the T&Cs
Frak Labs reserves the right to modify, suspend or interrupt all or part of the services at any time, including for technical, legal or commercial reasons. These changes may include updates to existing features, the addition of new features or the removal of certain services.
These T&Cs may also be modified to reflect service developments, regulatory changes or business needs. Any substantial modification to the T&Cs will be notified to users by any means deemed appropriate, such as an email or a notification on the site.
By continuing to use the Services after the T&Cs have been updated, you agree to the changes. If you do not agree to the revised T&Cs, you must immediately stop using the Services.
8. Duration, termination and applicable law
8.1 Duration
These T&Cs are concluded for an indefinite period from the acceptance by the user upon registration or first use of the services.
8.2 Termination
You may terminate your account at any time by ceasing to use the services and requesting the deletion of your personal data via the means of contact indicated in these T&Cs. Frak Labs reserves the right to unilaterally suspend or terminate access to its services in the event of non-compliance with the T&Cs, abusive or fraudulent use, or for legal reasons.
Termination of your account will result in the deactivation of access to the Services, but will not affect any rights or obligations acquired prior to the termination date.
8.3 Applicable law and competent jurisdiction
These T&Cs are governed by French law. In the event of a dispute, and unless otherwise provided by law, the parties undertake to seek an amicable solution before any legal action. In the absence of an agreement, any dispute will be submitted to the exclusive jurisdiction of the competent courts of Paris.
Here is the final section on the general provisions to conclude the Frak Labs T&Cs:
9. General provisions
9.1 Severability
If one or more provisions of these T&Cs are declared null or unenforceable by a competent court, the other provisions will retain their full validity and scope. The parties agree to replace the invalid provision with a valid provision reflecting as much as possible the initial intention.
9.2 Non-waiver
The fact that Frak Labs does not exercise, at any time or another, a right or provision of these T&Cs cannot be interpreted as a waiver of the right to enforce this right or provision at a later date.
9.3 Complete Agreement
These T&Cs, together with any document explicitly referred to herein, constitute the entire agreement between you and Frak Labs regarding the use of the Services. They replace and cancel any prior agreement or arrangement, written or oral, relating to the same subject matter.
9.4 Contact
For any questions or requests regarding these T&Cs, you can contact Frak Labs at the following address: contact@frak-labs.com
