4. USER STATEMENTS 4.1 By accepting the terms of the Agreement, the User declares that they:
- speak English at a level sufficient to read and comprehend the meaning essence of the Agreement;
- have read the terms of the Agreement, understood the meaning and essence of the specified document, agree with its content and accept it without any reservations, conditions and exceptions and undertake to comply with the requirements established by it, be responsible for non-fulfillment / improper fulfillment of the requirements and conditions set forth in it, and also understand all the consequences of its actions for the Registration, use of the Services of the Site and the Freez Application, the Freez Service;
- have read the Privacy Policy, understood the meaning and essence of the specified document, agree with its content;
- have provided the Company during the Registration with complete, valid and reliable data (including personal data);
- agree that the amount of losses inflicted on the Company as a result of violation by the User of any of its guarantees and obligations under the Agreement is determined solely by the Company and at its discretion, and unconditionally agree to reimburse the Company for such losses;
- agree that the Agreement may be changed by the Company without any notice from the Company's Party, and undertake to independently monitor the relevant changes to the Agreement. The new version of the Agreement or changes come into force from the moment they are posted on the Site or in the Freez Application;
- agree to receive any notifications, messages, information from the Company and mailings in any format, provided that their content complies with the requirements of the current legislation;
- recognize the legal force of the documents sent by the Company through the Site or the Freez Application as for personally signed documents, for actions performed through the Site or the Freez Application;
- recognize that the means of identification used by the Company are sufficient to identify the person from whom the relevant documents and actions originate.
4.2 Familiarization with the terms of this Agreement must be made by the User before clicking the "Register" / "Continue" button in the Freez Application. The User, who has not read the terms of the Agreement in a timely manner, accepts all the risks of the adverse consequences associated with this.
5. USER CONSENT 5.1 The user agrees to the processing by the Company of their personal data provided by them: full name, contact details, including (but not limited to) phone number, email address, personal photo, photo and video of the purchase process, as well as other personal data, and confirms that, by giving such consent, they are acting of their own free will and in their own interests.
5.2 Consent to the processing of personal data is given by the User for the purposes of concluding and executing the Agreement, providing additional services, participating in promotions, surveys, studies conducted by the Company (including, but not limited to conducting surveys, studies via electronic, telephone and cellular communications), making decisions or taking other actions that give rise to legal consequences in relation to the User or other persons, providing the User with information about the services provided by the Company services, providing of consulting services by the Company, and applies to all information specified in clause 5.1 of the Agreement.
5.3 The processing of the User's personal data is carried out by the Company in the amount necessary to achieve each of the goals mentioned above, in the following possible ways: collection, recording (including on electronic media), systematization, accumulation, storage, listing, marking, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction, cross-border transfer of personal data, obtaining an image by photographing, as well as performing any other actions with the User's personal data, subject to the current legislation. Processing is carried out both with the help of automation tools and without the use of such tools.
5.4 The User confirms that the consent given by them to the processing of personal data is valid indefinitely from the moment they are provided by the User to the Company.
5.5 The User has the right to withdraw their consent to the processing of personal data by sending a corresponding written notice to the Company to the email address
freezaiapp@gmail.com from the User's email address specified by the User in the Freez Application, at least 30 (thirty) calendar days before the withdrawal of consent, while the User acknowledges and understands that access to the usage of the Freez Service will not be provided by the Company from the moment when the Company has lost the ability to process the User's personal data.
5.6 The User acknowledges and confirms that if it is necessary to provide personal data to a third party (including authorized government agencies) in order to achieve the goals mentioned above, the Company has the right, without obtaining additional consent from the User, to disclose information about the User personally to perform the actions mentioned above (including personal data) to such third parties, as well as to provide such persons with relevant documents containing such information, in compliance with the requirements of the legislation.
5.7 The User acknowledges and confirms that consent to the processing of the User's personal data is considered to be given by him to any third parties, subject to appropriate changes, and such third parties have the right to process personal data on the basis of this consent.
5.8 The User agrees to receive advertising messages from the Company containing advertisements for Products and services sold by the Company and / or its partnersand / or other third parties, to the email address and mobile phone number (including the accounts linked to it in the WhatsApp, Viber, Telegram, etc.) specified by the User during the Registration process, as well as other email addresses and mobile phone numbers ( including accounts linked to them in messengers WhatsApp, Viber, Telegram, etc.) reported by the User to the Company in accordance with the Agreement. If the User contacts the Company with the requirement to stop the distribution of advertising messages to them, the Company undertakes to immediately stop such distribution in relation to the User who has filed the corresponding request.
5.9 The User consents to the debiting by the Company or, on its behalf, by an agent (payment system) engaged by it, of funds from his bank card to pay off payments for the Products or other services provided by the Company.
5.10 The User agrees that the Company will record the contacts (conversations) of the User with the Support Service and provide such records to third parties.
5.11 The User agrees to the Company's video recording of the process of the User's purchase/use of the Freez service, as well as the storage and providing of such recording to third parties.
5.12 If the Freez Service uses the FaceID function, the User agrees that the Company will take photos and videos of the user, store and make such records available to third parties.
5.13 The User agrees that the Company and / or its partners (payment systems) during the term of the Agreement store the data of the bank account and / or credit/debit card of the User, through which the User pays for the Freez Service.
6. WARRANTY, OBLIGATIONS AND LIABILITY OF THE USER 6.1 The User warrants that they will use the Site, the Freez App and the Site Services only for personal non-commercial purposes, not related to business activities and only in accordance with the terms of the Agreement.
6.2 The User guarantees that they will not register on behalf of another person and / or transfer registration data to third parties.
6.3 The User guarantees that they are the Holder of all credit/debit cards linked by them to the Site, Freez Application, Freez Service.
6.4 The User understands and agrees that in order to properly use the Services of the Site and the Freez Application, they themselves must ensure the proper speed of the Internet connection of the Devices. User, before using the Site Services and Freez Applications, must independently verify that its Device has the necessary characteristics to do so. All questions about the acquisition of access rights to the Internet, purchases and adjustments for this purpose of the relevant Devices and software products are decided by the User independently and at their own expense and are not subject to the Agreement.
6.5 The User is responsible for all actions carried out by them on the Site and in the Freez App.
6.6 The user must not allow any third party to use the login and user password. The Company is not responsible for possible damage, loss or corruption of data that may occur due to violation of this providing by the User. The User undertakes to take appropriate measures to protect and keep in privacy the information used for Authorization in the Freez Application and / or on the Site, including login and password, from unauthorized usage by others and immediately inform the Company of the relevant information in the event of discovery of the fact of such use. The user bears all risks of adverse consequences associated with the absence of such a message.
6.7 The User undertakes to independently monitor changes in the terms of the Agreement on the Site and / or in the Freez Application.
6.8 The User undertakes not to use any technology or take any action that could harm the Site and/or the Freez Application, the interests and property of the Company.
6.9 The User undertakes to comply with other provisions of the current legislation, the provisions of the Agreement and the legal requirements of the Company.
6.10 If, due to the violation by the User of the terms of the Agreement, the Company has suffered losses, including as a result of claims and lawsuits filed against the Company by third parties, the User undertakes to settle such claims and lawsuits on their own and at their own expense, and reimburse the Company's losses caused by the User's failure to comply with the conditions Agreement in full.
6.11 For non-performance or improper performance of its obligations under the Agreement, the User is liable in accordance with the current legislation, the Agreement.
6.12 The User undertakes to notify the Company in the event of a change in the mobile phone number and other data specified during Registration. The user bears all risks of adverse consequences associated with the absence of such a message.
7. WARRANTY AND LIABILITY OF THE COMPANY 7.1 The Company provides the User with the Services of the Site and the Freez Application, as well as any information contained on the Site and / or in the Freez Application "as it is" without warranties of any kind. This means, among other things, that the Company:
- is not responsible for the speed and smooth operation of the Site, the Freez Application, their compatibility with the User's Devices, software
and operating systems of the User's Devices;
- is not responsible for the absence of errors and / or viruses during the operation of the Site
and Freez Applications, interruption of communication channels and failure of the server infrastructure at the level of backbone communication channels, data exchange centers, computer centers, as well as communication lines of regional and local importance, failure to perform or improper performance of their obligations due to failures in telecommunications and / or energy networks, as well as unfair actions of third parties aimed at unauthorized access and / or disablement of the Site and / or the Freez Application. The User agrees and acknowledges that the use of the Site and/or the Freez Application is solely at their own risk.
- is not responsible for the proper functioning of the User's Device;
- is not responsible for the non-compliance of the Services of the Site and the Freez Application, the Freez Service with the expectations of the User;
- is not responsible for the actions of Users on the Site and in the Freez Application and for the consequences of Users' usage of the Freez Site and App, the Freez Service;
- is not responsible for the incorrect identification of the purchased products through the computer vision/recognition procedure. In the event of such an incorrect determination, the User can use the "Check" button within 24 hours from the date of purchase. The company will watch the video of the purchase and determine the item purchased. The amount of the purchase and debiting from the User's card will be adjusted in this case.
7.2 In the event that the User's Device does not support the display and operation of the Site, the download, display and operation of the Freez Application, any Services of the Site and Freez Applications, the Company does not guarantee access to the relevant resources and the possibility of their use / full use.
7.3 The Company is not responsible for the temporary inoperability of payment systems that ensure the acceptance and transfer of User payments, caused by reasons beyond the control of the Company, as well as circumstances of irresistible force.
7.4 The Company is not liable for violation of the terms of the Agreement if such violation is caused by circumstances of irresistible force (force majeure), including, among others: actions and decisions of state authorities and / or local governments, fire, flood, earthquake, other natural disasters, power outages and/or computer network failures, strikes, civil unrest, riots, any other circumstances that may affect the Company's compliance with the terms of the Agreement.
7.5 The Company is not responsible for non-fulfillment or improper fulfillment of its obligations if this is caused by the User's actions/omissions that are beyond the Company's control, including as a result of the User's erroneous actions/omissions.
7.6 The Site and the Freez Application may contain products and/or services offered to the User on a paid and/or free basis by third parties. The Company is not a party to the relationship for their providing/rendering, and is not responsible to the User and / or third parties for their presentation / provision.
7.7 The Freez Site and Application may contain links to websites, applications and other resources of third parties. The specified sites, applications and other resources of third parties and their materials are not checked by the Company for compliance with the requirements of the legislation of the and the Company is not responsible for their content.
7.8 Link to any third party site, application, resource, product or service, any information of a commercial or non-commercial nature, posted on the Site and in the Freez App does not constitute an endorsement or recommendation of the foregoing by the Company. If the User decides to go to sites, applications, resources, products, services of third parties or use programs of third parties, then they do this at their own risk.
7.9 Actions of any third parties, as well as actions of payment systems, telecom operators are not the actions of the Company, and the Company is not responsible for them.
7.10 The Company is not responsible for placing the Freez Application, links to it in any sources not authorized (not confirmed) by the Company (counterfeit application). If the User uses a counterfeit application, the Company does not bear any responsibility to them in connection with such use.
7.11 The Company guarantees the conscientious and lawful processing of the User's personal data in accordance with the purposes stipulated in the Agreement.
7.12 The Company guarantees the timely updating of the User's data in case of being provided with updated data by the User.
7.13 The Company is liable only for direct valid damage caused as a result of the culpable failure to fulfill the obligations of the Company. The obligation to substantiate and confirm such damage is borne by the User.
7.14 The Company is not responsible for the use of the Freez Application from the User's Device by third parties, and therefore all actions performed from the User's Device are considered the actions of the User. If any person gains access to the Services of the Site or the Freez Application and the ability to use them on behalf of the User, the User must immediately notify the Company in writing (by e-mail freezaiapp@gmail.com) or by contacting the Support Service. Otherwise, all actions taken on behalf of the User using the Site or the Freez Application will be regarded as actions taken directly by the User.
8. TERM OF THE AGREEMENT, PROCEDURE FOR AMENDMENT AND WITHDRAWAL OF THE AGREEMENT 8.1 The User accepts the Agreement by performing the actions specified in clause 3.3 of the Agreement. The date on which the User performed these actions is the date the Agreement comes into force. The agreement is valid from the date of entry into force for an indefinite period.
8.2 The Company has the right to amend the terms of the Agreement at any time. Changes to the terms of the Agreement are carried out by amending the existing version of the Agreement, or creating a new version of the Agreement, and become binding on the Company and the User (come into force) from the date the Company publishes a new version of the Agreement or changes made to the Agreement on the Website and / or in the Freez Application. If the User does not agree with the changes, they have the right to refuse to execute the Agreement in the manner specified below, which does not relieve the User from the fulfillment of his obligations that arose before the termination of relations under the Agreement, while the User undertakes to stop using the Services of the Site and the Freez Application, and also stop using the Freez Service.
8.3 If the User has not refused to execute the Agreement (has not submitted an application (notice) for termination (clause 8.4), it is considered that the User has read, understood, agrees to comply with the Agreement in the new edition or changes to it and unconditionally accepts the specified new edition of the Agreement or changes to it from the date of their entry into force. The User, on a periodic basis, independently monitors the Site and / or the Freez Application for changes in the terms of the Agreement. The risk of non-compliance with this requirement lies entirely with the User.
8.4 The Company and the User have the right to refuse to execute the Agreement by notifying about this to the other Party no later than 10 (ten) calendar days before the expected date of termination of the Agreement. At the same time, the initiator of termination of the Agreement undertakes to fulfill all its obligations arising from the Agreement, no later than the date of termination of the Agreement.
8.5 Cancellation of the Agreement at the initiative of the User is carried out within the time limits stipulated by the Agreement, on the basis of a personally signed application (notice) of the User, submitted by the User to the Company (personally, by courier, by mail).
8.6 The Company has the right to unilaterally out of court refuse to execute the Agreement in case of violation by the User of any of their obligations, statements and guarantees provided by the Agreement. In this case, the Agreement shall be deemed terminated at the moment the notification is sent to the User through the Freez Application (push notification) or by sending sms messages, or by e-mail.
8.7 In terms of unfulfilled obligations of the Parties, the Agreement, terminated for any reason, continues to be valid until the fulfillment of these obligations in full.
8.8 In all cases of termination of the Agreement, the Accession Agreement concluded with the relevant User, is also considered terminated from the date of termination of the Agreement. In this case, a separate application for termination of the Accession Agreement from the User is not required.
9. DISPUTES RESOLUTION AND JURISDICTION 9.1 All disputes and disagreements under the Agreement are resolved through negotiations.
9.2 If the Company and the User have not reached a decision through negotiations within 20 (twenty) days, disputes and disagreements are referred to the court for resolution, in the manner prescribed by the current legislation.
10. OTHER PROVISIONS 10.1 Unless otherwise expressly provided in the Agreement, from the moment it enters into force, the Company and the User recognize the legal force of the documents sent by e-mail (the Company's e-mail addresses indicated on the Site, in the Freez Application, and the User's e-mail addresses specified during the Registration process), agree that these documents are equivalent to documents drawn up on paper and signed by the respective person's handwritten signature, unless otherwise expressly provided by the Agreement.
10.2 From the moment the Agreement enters into force, the Company and the User recognize the legal force for messages and actions sent and performed respectively through the use of the Freez Application or the Site on behalf of the User, as well as using the phone number specified by the User during Registration.
10.3 Messages sent via e-mail are considered received by the addressee at the time they are sent.
10.4 The User undertakes to notify the Company about a change in the mobile phone number, email address, other data provided by the User to the Company, about a change in the name, surname, other personal data, as well as about the loss of the above data by contacting the Support Service. The company is not responsible for any consequences associated with the change of these in this clause of the User Data Agreement, if the User has not notified about the circumstances specified in this clause of the Agreement to the Company, and / or provided the Company with incorrect data.
10.5 The User acknowledges that the Freez Site and Application are sufficient to ensure proper operation when receiving, transmitting, processing and storing information, as well as to protect information from unauthorized access, confirm the authenticity and authorship of electronic documents sent using them, as well as to parse conflict situations. The User trusts the software of the Freez Site and App.
10.7 The Freez Site and Application are the intellectual property of the Company, any usage is permitted only with the permission of the Company. Using the Freez Site and App without the permission of the Company in any way and for purposes other than those permitted by the Agreement is illegal and may result in holding the User liable.
10.8 To the extent not regulated by the Agreement, the relationship between the Company and the User is governed by the current legislation.
10.9 The Company has the right to use a facsimile reproduction of the signature of an authorized person of the Company (by means of mechanical or other copying) in any documents, including the Agreement and / or related messages and notifications. The parties recognize the legal force behind such documents.
10.10 For all issues related to the use of the Services of the Site and the Freez Application, the User can contact the Support Service with all claims. When filing a claim with the Company, the User must provide documents confirming the validity of the claim, as well as indicate their data provided by them during Registration.
10.11 A user who has not accepted the terms of the Agreement, or who has accepted them by mistake, must inform the Company about this and is not entitled to use the Services of the Site and Freez Apps, as well as the Freez Service.
10.12 The Agreement is drawn up in English.