TERMS AND CONDITIONS

Effective date: 26st April 2024

Welcome to Fred, a social media management platform that helps you plan, create, and schedule your posts across various social media channels. Fred is owned and operated by Christian Vondru, R Almourol Soltroia Lt 303, 7570-788 Carvalhal, Portugal (“we”, “us”, “our”, or “Fred”).

These terms and conditions (“Terms”) govern your access and use of our website www.superfred.com, our mobile application app.superfred.com, and any other products or services we provide (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Platform.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS MAY CHANGE FROM TIME TO TIME, AND WE WILL NOTIFY YOU OF ANY MATERIAL CHANGES BY POSTING THE UPDATED TERMS ON THE PLATFORM AND/OR SENDING YOU AN EMAIL. YOUR CONTINUED USE OF THE PLATFORM AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS.

  1. Service Scope

Fred provides you with a set of tools and features that enable you to connect your social media accounts, upload and schedule posts for Facebook, Instagram, TikTok, YouTube, and LinkedIn, and manage your social media presence. Fred also offers an AI assistant that can help you create engaging content, optimize your posting times, and analyze your performance. Additionally, Fred provides a link in bio tool that allows you to create a landing page with multiple links for your social media profiles.

Fred is not affiliated with, endorsed by, or sponsored by any of the social media platforms that you can connect to the Platform. Fred does not own, control, or operate any of the social media platforms, and is not responsible for their content, policies, or practices. You are solely responsible for complying with the terms and conditions of the social media platforms that you use in connection with the Platform.

Fred also uses Google Analytics to track website traffic and improve user experience, Google Ads for advertising purposes, and Stripe to process payments for your subscriptions and other purchases.

Fred does not guarantee that the Platform will be available, uninterrupted, secure, or error-free at all times. Fred may suspend, limit, or terminate the Platform or any part thereof at any time for any reason, with or without notice. Fred is not liable for any loss or damage caused by the unavailability or interruption of the Platform or any of its features.

  1. User Accounts

To use the Platform, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and © your use of the Platform does not violate any applicable law or regulation or these Terms.

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your Account. You agree to immediately notify Fred of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Fred is not liable for any loss or damage arising from your failure to comply with this section.

You may delete your Account at any time by following the instructions on the Platform. Upon termination of your Account, your right to use the Platform will automatically cease and you will lose access to all your data and content on the Platform. Fred may also terminate your Account at any time for any reason, with or without notice, and without any liability to you.

  1. Content

The Platform allows you to upload, store, share, and distribute various types of content, including but not limited to text, images, videos, audio, links, and other materials (“Content”). You retain all your rights in and to your Content, and you are solely responsible for your Content and the consequences of uploading, storing, sharing, and distributing it on or through the Platform.

You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Fred to use your Content in the manner contemplated by the Platform and these Terms; (b) your Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and © your Content does not and will not contain any unlawful, harmful, abusive, defamatory, obscene, hateful, or otherwise objectionable material.

By uploading, storing, sharing, or distributing Content on or through the Platform, you grant Fred a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content in connection with the operation, maintenance, improvement, and promotion of the Platform and its features. You also grant Fred the right to use your name, likeness, and any other information you provide in connection with your Content, if we choose to do so. You understand and agree that Fred may retain, store, and display your Content for as long as necessary to provide the Platform and its features to you and other users, and for any other lawful purpose.

Fred does not claim any ownership rights in your Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content. Fred has no obligation to monitor, review, or edit your Content, but reserves the right to do so at any time in its sole discretion for any reason or no reason, and to remove or disable access to any Content that Fred determines, in its sole discretion, violates these Terms or any applicable law or regulation, or is otherwise objectionable or harmful.

  1. Social Media Integration

The Platform allows you to connect and integrate your Account with various social media platforms, such as Facebook, Instagram, TikTok, YouTube, and LinkedIn. By connecting your Account with a social media platform, you grant Fred permission to access and use your information from that platform, including but not limited to your profile information, friends list, followers, contacts, messages, comments, likes, shares, and any other data that you authorize Fred to access, in accordance with the privacy settings that you have set in that platform. You also grant Fred permission to publish and update your Content on the connected social media platform on your behalf, subject to these Terms and the terms and conditions of that platform.

You are solely responsible for maintaining the connection between your Account and the social media platforms that you choose to integrate with the Platform. You acknowledge and agree that Fred is not responsible for any errors, delays, failures, or interruptions in the transmission or delivery of your Content to or from the connected social media platforms, or for any changes or updates made by the social media platforms that may affect the functionality or compatibility of the Platform. You also acknowledge and agree that Fred is not responsible for any content, policies, or practices of the social media platforms that you use in connection with the Platform, and that you use them at your own risk.

You may disconnect your Account from a social media platform at any time by following the instructions on the Platform or on that platform. Upon disconnection, Fred will no longer have access to or use your information from that platform, and your Content on that platform will no longer be updated or synchronized with the Platform. However, Fred may retain, store, and display your Content that was previously uploaded, stored, shared, or distributed on or through the Platform, in accordance with these Terms and our Privacy Policy.

  1. Data Usage and Privacy

For more information on how Fred collects, uses, and shares your data, please refer to our Privacy Policy. Additionally, you can find information on how Google Analytics, Google Ads, and Stripe handle user data by visiting their respective privacy policies:

  • Google Analytics: https://support.google.com/analytics/answer/7318509?hl=en
  • Google Ads: https://support.google.com/adspolicy/answer/54817?hl=en
  • Stripe
  1. Intellectual Property

Fred and its licensors own all right, title, and interest in and to the Platform and its elements, including but not limited to its design, features, functionality, software, code, graphics, logos, trademarks, service marks, and other intellectual property or proprietary rights (collectively, the “Fred IP”). Except as expressly provided in these Terms, no right, title, or interest in or to the Fred IP is granted to you, and all rights not expressly granted are reserved by Fred and its licensors.

You agree not to copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Fred IP, or to use, exploit, or access the Fred IP for any purpose other than as authorized by these Terms. You also agree not to use any automated means, such as robots, crawlers, scrapers, or scripts, to access, monitor, or copy any part of the Platform, or to interfere with or disrupt the operation or security of the Platform.

Fred respects the intellectual property rights of others and expects you to do the same. If you believe that your Content has been copied or used in a way that constitutes infringement of your intellectual property rights, please contact us at support@superfred.com and provide us with the following information: (a) a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed; (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed; © a description of where the material that you claim is infringing is located on the Platform; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the intellectual property right owner’s behalf.

  1. Subscriptions

Fred offers various subscription plans that provide you with different levels of access and features on the Platform. You can choose from individual or agency plans, depending on your needs and preferences. The current subscription plans and their prices are available on the Platform and are subject to change at any time at Fred’s sole discretion. By subscribing to a plan, you agree to pay the applicable fees and taxes, and to abide by the terms and conditions of that plan.

You can pay for your subscription using any of the payment methods accepted by Fred, such as credit card, debit card, PayPal, or other online payment services. You authorize Fred to charge your chosen payment method for the amount of your subscription fee on a recurring basis, depending on the billing cycle of your plan (monthly or yearly). You are responsible for providing valid and up-to-date payment information and for updating your payment method if necessary. If your payment method fails or your account is past due, Fred may suspend or terminate your access to the Platform or any of its features.

You can cancel your subscription at any time by following the instructions on the Platform or contacting us at support@superfred.com. Your cancellation will take effect at the end of the current billing cycle, and you will not receive a refund for any fees or charges that you have already paid. You will retain access to the Platform and its features until your subscription expires. Fred may also cancel your subscription at any time for any reason, with or without notice, and without any liability to you.

  1. Disclaimers and Warranties

The Platform and its features are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Fred disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Fred does not warrant that the Platform or its features will meet your requirements, expectations, or needs, or that they will be uninterrupted, secure, accurate, reliable, error-free, or free of viruses or other harmful components. Fred does not warrant that any defects or errors in the Platform or its features will be corrected, or that the Platform or its features will be compatible with any hardware, software, or system.

You acknowledge and agree that your use of the Platform and its features is at your own risk and discretion, and that you are solely responsible for any damage or loss that may result from your use of the Platform or its features, or from your reliance on any information or content provided by the Platform or its features. You also acknowledge and agree that Fred is not responsible for any content, data, or information that you upload, store, share, or distribute on or through the Platform, or for any content, data, or information that you receive or access from the Platform or any third-party source. You are solely responsible for backing up your content, data, and information, and for protecting your devices and systems from unauthorized access, use, or damage.

Some jurisdictions do not allow the exclusion or limitation of certain warranties, so some of the above exclusions or limitations may not apply to you.

  1. Limitations of Liability

To the fullest extent permitted by law, in no event will Fred, its affiliates, directors, officers, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your access or use of, or inability to access or use, the Platform or any of its features, or any content, data, or information provided by the Platform or any third-party source, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and whether or not Fred has been advised of the possibility of such damages.

Without limiting the foregoing, Fred’s total liability to you for any cause of action or claim arising out of or in connection with these Terms or the Platform or any of its features will not exceed the amount paid by you to Fred for the use of the Platform or any of its features in the six (6) months prior to the date of the cause of action or claim, or one hundred Euros, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you.

  1. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles.

You and Fred agree to submit any dispute or claim arising out of or in connection with these Terms or the Platform or any of its features to the exclusive jurisdiction of the courts of Portugal. You and Fred waive any objection to the exercise of jurisdiction by such courts and agree not to claim that any such court is an inconvenient forum.

You and Fred agree that any dispute or claim arising out of or in connection with these Terms or the Platform or any of its features will be resolved on an individual basis, and that neither you nor Fred will participate in any class action, class arbitration, or other representative or collective proceeding. You and Fred also agree that any dispute or claim arising out of or in connection with these Terms or the Platform or any of its features will not be subject to a jury trial, and that you and Fred waive any right to a jury trial.

  1. Force Majeure

Fred will not be liable for any failure or delay in performing its obligations under these Terms or the Platform or any of its features, if such failure or delay is caused by circumstances beyond Fred’s reasonable control, such as acts of God, natural disasters, wars, terrorism, civil unrest, strikes, labor disputes, power outages, network failures, or governmental actions (“Force Majeure”). Fred will use reasonable efforts to resume performance as soon as possible after the Force Majeure event ceases.

  1. Modifications and Termination

Fred reserves the right to modify, suspend, or terminate the Platform or any of its features, or your access or use of the Platform or any of its features, at any time for any reason, with or without notice, and without any liability to you. Fred may also modify these Terms at any time by posting the updated Terms on the Platform and/or sending you an email. Your continued use of the Platform after any modifications constitutes your acceptance of the new Terms.

If you do not agree to the modified Terms, you must stop using the Platform and delete your Account. If you delete your Account or if Fred terminates your Account, you will lose access to all your data and content on the Platform, and Fred may delete or retain your data and content at its sole discretion.

  1. Additional Provisions

These Terms constitute the entire agreement between you and Fred regarding your access and use of the Platform and its features, and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written, between you and Fred. No waiver of any provision of these Terms by Fred will be deemed a further or continuing waiver of such provision or any other provision, and Fred’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect. You may not assign or transfer your rights or obligations under these Terms without Fred’s prior written consent. Fred may assign or transfer its rights or obligations under these Terms without your consent and without notice.

  1. AI Assistant

Fred may provide you with an AI assistant that can help you create engaging content, optimize your posting times, and analyze your performance. The AI assistant is powered by artificial intelligence and machine learning technologies, and is designed to assist you in using the Platform and its features. The AI assistant is not a human, and does not provide professional advice, recommendations, or endorsements. You are solely responsible for your use of the AI assistant and the results or outcomes that it generates.

You acknowledge and agree that the AI assistant may not be accurate, complete, reliable, or appropriate for your purposes, and that you use the AI assistant at your own risk and discretion. You also acknowledge and agree that the AI assistant may collect, use, and share your data and content in accordance with these Terms and our Privacy Policy, and that Fred may use your data and content to improve the AI assistant and its functionality. You also acknowledge and agree that Fred may modify, suspend, or terminate the AI assistant or any of its features at any time for any reason, with or without notice, and without any liability to you.

  1. Link in Bio Tool

You acknowledge and agree that you are solely responsible for the links that you create and display on your landing page, and that you comply with the terms and conditions of the destinations that you link to. You also acknowledge and agree that Fred is not responsible for the content, policies, or practices of the destinations that you link to, and that you use them at your own risk. You also acknowledge and agree that Fred may modify, suspend, or terminate the link in bio tool or any of its features at any time for any reason, with or without notice, and without any liability to you.

  1. Feedback and Suggestions

Fred welcomes and appreciates your feedback and suggestions regarding the Platform and its features. You can provide your feedback and suggestions by contacting us at support@superfred.com or by using any other feedback mechanisms that Fred may provide on the Platform. You acknowledge and agree that any feedback or suggestions that you provide to Fred are voluntary and non-confidential, and that Fred may use, modify, reproduce, distribute, or incorporate such feedback or suggestions into the Platform or any of its features, without any obligation or compensation to you.

  1. Customer Support

Fred provides customer support to assist you with any questions, issues, or problems that you may have regarding the Platform and its features. You can contact Fred’s customer support team by emailing support@superfred.com or by using any other contact methods that Fred may provide on the Platform. Fred will use reasonable efforts to respond to your inquiries and resolve your issues as soon as possible, but does not guarantee any specific response time or outcome. Fred reserves the right to limit or deny your access to customer support if you abuse or misuse the service, or if you violate these Terms or any applicable law or regulation.

  1. Third-Party Links and Services

The Platform may contain links to or integrations with third-party websites, applications, or services that are not owned or controlled by Fred. Such links or integrations are provided for your convenience and reference only, and do not imply any endorsement, affiliation, or sponsorship by Fred of such third-party sources. You acknowledge and agree that Fred is not responsible for the content, policies, or practices of any third-party sources that you access or use in connection with the Platform, and that you access and use them at your own risk. You also acknowledge and agree that Fred is not liable for any loss or damage that may result from your access or use of any third-party sources, or from your reliance on any information or content provided by such third-party sources.

You are solely responsible for complying with the terms and conditions of any third-party sources that you access or use in connection with the Platform, and for obtaining any necessary permissions or consents from such third-party sources. You also agree not to use any third-party sources in a manner that would violate these Terms or any applicable law or regulation, or that would infringe, violate, or misappropriate any rights of Fred or any third party.

YouTube
Fred utilizes YouTube in order to allow you to post videos to your YouTube channels via our app and to be able to view your YouTube channel statistics in Fred. By using the Fred app, you agree to comply with and be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

All activities related to YouTube services accessed through our app are subject to YouTube’s policies and guidelines. By using our app, you explicitly agree to adhere to these terms. We encourage you to review YouTube’s Terms of Service regularly to stay informed about any updates or changes. Fred utilizes YouTube and uses YouTube API Services in order to allow you to post videos to your YouTube channels via our app and to be able to view your YouTube channel statistics in Fred.

By using Fred, you acknowledge that we collect, access, and store certain user information, including data provided through YouTube API Services. This information may include, but is not limited to, user activity data, preferences, and interactions within the app.

In compliance with privacy standards, Fred references and adheres to the Google Privacy Policy (http://www.google.com/policies/privacy), which you can review for more information on data handling practices.

You can revoke Fred’s access to your data at any time via the Google security settings page (https://security.google.com/settings/security/permissions). For any questions or complaints regarding our privacy practices, you can contact the Fred support team (support@superfred.com).

  1. Indemnification

You agree to indemnify, defend, and hold harmless Fred, its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to: (a) your access or use of the Platform or any of its features, or your inability to access or use the Platform or any of its features; (b) your Content or any other content, data, or information that you upload, store, share, or distribute on or through the Platform, or that you receive or access from the Platform or any third-party source; © your violation of these Terms or any applicable law or regulation, or your infringement, violation, or misappropriation of any rights of Fred or any third party; or (d) any dispute or issue between you and any other user or third party. Fred reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Fred’s defense of such claims.

  1. Reference Customer Accounts

20.1 Definition of Reference Customer: A “Reference Customer” is any company that registers on the Fred platform using an official company email address and maintains at least one free account for a minimum of thirty (30) days.

20.2 Rights and Permissions: a. Upon achieving the status of a Reference Customer, Fred may refer to the company as a Reference Customer in its marketing materials.

  1. Fred may use the domain associated with the registered email address for the sole purpose of identifying the Reference Customer.
  2. The use of the company logo for identification on the Fred platform requires explicit written consent from the Reference Customer, ensuring compliance with trademark laws and avoiding any implication of endorsement or sponsorship.

20.3 Representations and Warranties: a. Fred commits to using the domain and, with permission, the company logo, in a manner that respects the intellectual property rights of the Reference Customer, ensuring no misleading representation or implication of endorsement.

  1. The Reference Customer acknowledges that granting permission for logo use is at their discretion and can be revoked at any time.

20.4 Duration and Termination of Rights:

  1. The rights granted to Fred are subject to ongoing consent from the Reference Customer and will cease upon withdrawal of such consent or termination of the Reference Customer’s status on the platform.
  2. The Reference Customer may withdraw consent for the use of its logo or domain name at any time by providing written notice to Fred, necessitating a reasonable transition period for Fred to cease usage.

20.5 Indemnification: a. Fred agrees to indemnify and hold harmless the Reference Customer against any claims or legal actions arising from Fred’s use of the domain and logo within the scope of the permissions granted in this clause.

  1. Notices and Communications

Fred may provide you with notices and communications regarding the Platform and its features, or these Terms, by posting them on the Platform, sending them to the email address that you provide, or using any other means that Fred may deem appropriate. You consent to receive such notices and communications electronically, and you agree that they will satisfy any legal requirement that such notices and communications be in writing. You are responsible for ensuring that your contact information is accurate and up-to-date, and for checking your email and the Platform regularly for any notices and communications from Fred.

You may contact Fred with any questions, comments, or requests regarding the Platform and its features, or these Terms, by emailing support@superfred.com or by using any other contact methods that Fred may provide on the Platform. Fred will use reasonable efforts to respond to your inquiries as soon as possible, but does not guarantee any specific response time or outcome.

  1. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

  1. No Partnership or Agency

Nothing in these Terms or your use of the Platform or any of its features creates any partnership, joint venture, employment, or agency relationship between you and Fred. You have no authority to bind Fred in any way, and Fred has no authority to bind you in any way.

  1. Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

  1. Survival

Any provision of these Terms that by its nature should survive the termination of your Account or these Terms will survive such termination, including but not limited to sections 3, 6, 8, 9, 19, and 21.

  1. Contact Us

If you have any questions, comments, or requests regarding the Platform and its features, or these Terms, please contact us at: