Frederick Terms of Service
Updated March 5, 2014
Users of Frederick for Businesses (“Subscribers”): Your Data & Your Permissions
When you use our Services as a Subscriber, you provide us with things like your calendar data, contacts and so on ("Your Data").
We need your permission to do things like accessing Your Data to present your schedule and menu of services to clients, book appointments and sync appointments with Third Party Services like your calendar or management system. Our Services also provide you with features like business analytics and automated marketing campaigns. These and other features may require our systems to access, store and scan Your Data. You give us permission to do those things, and this permission extends to trusted third parties we work with.
Self-service booking of appointments by clients requires creation of a Frederick account. When clients create a Frederick account, they must agree to these Terms of Service to utilize the Services. Frederick may send communications to clients to notify them of benefits of using our Services, and may utilize their account history and preferences to offer them the most relevant experience possible when using our Services.
Frederick for clients (“Clients”): Your Data & Your Permissions
When you use our Services, you provide us with things like your contact information, booking history, communication preferences and so on ("Your Data"). We need your permission to do things like provide you with personalized communications from businesses. These and other features may require our systems to access, store and scan Your Data. You give us permission to do those things, and this permission extends to trusted third parties we work with.
You're responsible for your conduct, Your Data and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.
Service Use and Limitations and Changes to the Services
The Services contains content and technology of Frederick that is protected by copyright, trademark, patent, trade secret and other laws. Frederick owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the "Company Property"). You may not copy, modify, or reverse engineer any part of the Services or the Company Property.
In order to operate the Services, Frederick needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to Frederick, or making available for inclusion in publicly accessible areas of Frederick, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, “Content”), you represent that you have full authorization to do so. You also hereby grant Frederick a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you continue to include such Content on Frederick and will terminate at the time such Content is removed from the Services by you or by Frederick.
Subject to the terms and conditions hereof, Frederick hereby grants each Subscriber a limited, revocable license to display the logos, trademarks or other design marks of Frederick solely for personal, non-commercial use in connection with your use of the Services, promotion of services offered via the Services or other uses expressly permitted by Frederick in writing. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork that utilize Frederick’s Company Property (collectively, "Derivative Works") are the sole property of Frederick. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.
Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service. Frederick reserves the right to remove any Content from the Services, at its sole discretion.
The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Subscribers who Frederick, in its determination, believes have repeatedly infringed others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at firstname.lastname@example.org.
Frederick reserves the right to send Clients communications from time to time in connection with the Services. This communication will be highly targeted based on how each Client uses Frederick and will be designed to inform Clients of how to get more value from the Services.
As part of the Services, Frederick offers Subscribers the option to send communications to their Clients for various reasons such as reminding them of an upcoming appointment. By agreeing to these Terms of Service and using such tools, each Subscribers certifies that it has permission from each Client to send communications and that each Subscriber takes full responsibility for adhering to each Client's preferences with respect to such communications.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Please send notices of infringement to email@example.com.
Billing. When available, you can add paid features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
No Refunds. You may cancel your Frederick Paid Account at any time but you won't be issued a refund.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce your features to free account levels. You're responsible for all taxes, and we may charge taxes when required to do so.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, FREDERICK AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FREDERICK, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FREDERICK HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO FREDERICK FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.
Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Frederick, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Frederick may bring a formal proceeding.
We Both Agree To Arbitrate. You and Frederick agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Frederick will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Frederick may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Frederick agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County (CA). Both you and Frederick consent to venue and personal jurisdiction there.
These Terms will be governed by California law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and Frederick with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Frederick’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Frederick may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
Updated March 5, 2014
Use of Data
Use of Personal Data. Frederick uses personal data to improve and provide access to the Service. We will use the personal data you input during the registration process to enable access to the Service. We may also use the client information you submit to send such clients emails or messages through other forms of communication to promote your business and various opportunities to engage with your clients. We may also communicate with your clients to tell them about services and promotions that you and other Frederick users may offer and to further the Service. We will give your clients the opportunity to opt out of receiving communications from Frederick. Frederick and its affiliates also use your and your clients' personal data and other personally non-identifiable information collected through the Service to help us improve the content and functionality of the Service and to better understand the users of our Service.
Personally Non-Identifiable Information. We may collect personally non-identifiable information from you at the time of registration, or when you choose to use certain aspects of our services. This information is not, by itself, sufficient to identify or contact you or your clients. Examples include demographic data, age, education level, profession, geographic location or gender. Frederick may store such information, or it may be included in databases owned and maintained by Frederick or Frederick’s affiliates, agents or service providers. This Service may use such information and pool it with other information to track, for example, the total number of visitors to our Service and the domain names of our visitors' Internet service providers. It is important to note that no personal data is available or used in this process.
Aggregate Personal Data. To better understand our users, we might analyze the personal data that is provided to the Service in aggregate. This aggregate information does not identify you or your clients personally. We may share this aggregate data with our affiliates, agents and business partners. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Usage. We collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.
Cookies and other technologies. We use technologies like cookies to provide, improve, protect and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services.
We may share information with the following entities, as discussed below.
Other users. Our Services display information like your name and email address to other users in places like your user profile. Certain features let you make additional information available to other users.
Other applications. You can also give third parties access to your information and account - for example, via Frederick APIs. Just remember that their use of your information will be governed by their privacy policies and terms.
Law & Order. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Frederick or our users; or (d) protect Frederick’s property rights.
Stewardship of your data is critical to us and a responsibility that we embrace. We believe that our users' data should receive the same legal protections regardless of whether it's stored on our services or on their home computer's hard drive. We'll abide by the following Government Request Principles when receiving, scrutinizing and responding to government requests for our users' data:
- Be transparent,
- Fight blanket requests,
- Protect all users, and
- Provide trusted services.
Security. We have a team dedicated to keeping your information secure and testing for vulnerabilities. We also continue to work on features to keep your information safe.
Retention. We'll retain information you store on our Services for as long as we need it to provide you the Services. If you delete your account, we'll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
Around the world. To provide you with the Services, we may store, process and transmit information in locations around the world - including those outside your country. Information may also be stored locally on the devices you use to access the Services
Safe Harbor. Frederick complies with the EU-U.S. and Swiss-U.S. Safe Harbor ("Safe Harbor") frameworks and principles. You can learn more about Safe Harbor by visiting http://export.gov/safeharbor.
Have questions or concerns about Frederick, our Services and privacy? Contact us at email@example.com.
Frederick™ Client Communication and Anti-Spam Policy
Frederick's customer support actively monitors import lists and emails going to a large number of subscribers. Any customer found to be using Frederick for spam will be immediately cut-off from use of the product.
Every marketing communication from Frederick contains a mandatory unsubscribe link to allow consumers to update their communication preferences at any time.
What is Spam?
Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.
What constitutes consent?
The recipient of your communication has been clearly and fully notified of the collection and use of his or her email address or phone number and has consented prior to such collection and use. This is often called informed consent.
What constitutes a Pre-existing business relationship?
The recipient of your communication has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.
Isn't there a law against sending Spam?
The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.
What about Canada?
In addition, if you send or receive mail via mail servers in Canada, you must also comply with Canada’s Anti-Spam Law ("CASL"). That being said, we do not consider implied consent to mail to a Canadian contact that has just made an inquiry or application permissible under this policy.
How Frederick protects you from sending spam
Frederick is a permission-based email-marketing and sms-marketing platform that follows the strictest permission-based philosophies:
- Permission - By accepting our terms of service, you have agreed to use only permission-based lists and never to sell or rent your lists.
- Verification - Frederick only sends email to contacts that you certify have already given express permission to receive marketing communications from your business. In addition, our text opt-in process keeps you fully compliant with text messaging laws by sending a single opt-in request via text message to verify the contact’s interest in receiving marketing communications from your business before campaigns are sent.
- Unsubscribe - Every marketing communication generated from Frederick contains an unsubscribe link which allows your subscribers to opt-out of future email or text campaigns and automatically updates your subscriber lists to avoid the chance of sending unwanted emails to visitors who have unsubscribed.
- Identification - Your email header information is correct because it is pre-set for you by Frederick. Your email campaign's "From" address is verified and already accurately identifies you as the sender.
- Contact Information - all of your emails are pre-filled with your contact information.
How to protect yourself from Spam: Take the Spam Test
- Are you importing a purchased list of ANY kind?
Are you sending to non-specific addresses such as:
- firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, or other general addresses.
- Are you sending to distribution lists or mailing lists which send indirectly to a variety of email addresses?
- Are you mailing to anyone who has not explicitly agreed to join your mailing list?
- Have you falsified your originating address or transmission path information?
- Have you used a third party email address or domain name without their permission?
- Does your email's subject line contain false or misleading information?
- Does your email fail to provide a working link to unsubscribe?
- Are you failing to process any unsubscribe requests that come to you via a reply to your email within 10 days of the request?
If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER. For more information visit The Coalition Against Unsolicited Email (www.cauce.org) or contact Customer Support (firstname.lastname@example.org)