Terms of service

Last updated: October 2021

  1. Description of the Service

www.fres.co is a platform that enables people to connect via video and audio calls while interacting in a 2D space (the “Services”). Through the Services, you may be able to access and upload materials such as text, pictures and attachments (“Content”). . Fresco is a part of the family of apps of Kahoot! ASA (company reg. no. 997 770 234) (“Kahoot!”) and its subsidiaries (the “Kahoot! Group”).

For more information about the Service, please contact us at [email protected]. 

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  1. Terms Of Service

This Terms of Service Agreement (the “Terms” or “Agreement”) is an agreement between you (the “User” or “your”) and Kahoot! (“Fresco” “we” us” or “our”). These Terms apply to your use of the Services. This Agreement explains our obligations to you, and your obligations to us. By using the Service in any way you are agreeing to comply with these Terms, and any other legal notices or conditions or guidelines posted on the Service. If you have been provided access to the Service through your relationship with a third-party company, you acknowledge that such company is not a party to this Agreement.

  1. Changes to these Terms

These Terms may be changed from time to time. You should review the Terms regularly to know about our practices. If changes are made, the date at the top of this policy will be updated indicating to you that a change has been made. We may at our discretion, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when they are posted. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.

  1. Privacy Policy

For information about how we collect, use and share personal information about you via the Service, please see our Privacy Policy.

  1. License 

Subject to the terms, conditions and limitations set forth in the Terms, Fresco grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service.

  1. Account Creation

When you create a member account, you agree to maintain the security of your password. If anyone other than yourself accesses your account, they may perform any actions available to you, and accept any legal terms available therein, all such activity will be deemed to have occurred on your behalf and in your name. You are encouraged to keep your log-in credentials confidential. A compromised password can lead to your sensitive and personal information being leaked. If you discover or suspect any Service security breaches, inform us immediately. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Fresco reserves the right to deny, deactivate, or terminate any account at our discretion.

  1. Age requirement for users

The Service is not intended for, and may not be used by, anyone under the age of 18. The User is responsible for ensuring that all Users in his/her spaces are at least 18 years old.

  1. Restrictions

User will not (and will not permit anyone else to) do any of the following:

  1. provide access to, distribute, sell or sublicense the Service to a third party
  2. use the Service on behalf of, or to provide any product or service to, third parties
  3. use the Service to develop a similar or competing product or service
  4. scrape, data mine, reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs to or unauthorized data from the Service, except to the extent expressly permitted by Law (and then only with prior notice to Fresco)
  5. modify or create derivative works of the Service or copy any element of the Service (other than authorized copies of the Software),
  6. remove or obscure any proprietary notices in the Service or otherwise misrepresent the source of ownership of the Service,
  7. publish benchmarks or performance information about the Service,
  8. interfere with the Service’s operation, circumvent its access restrictions or conduct any security or vulnerability test of the Service,
  9. transmit any viruses or other harmful materials to the Service,
  10. engage in any fraudulent, misleading, illegal or unethical activities related to the Service
  11. use the Service to store or transmit personal data with the exception of his/her profile picture, his/her profile name and the email address used to authenticate.
  12. use the Service to store or transmit material which contains offensive, violent, pornographic, adult, obscene, illegal, defamatory, discriminatory, derogatory, inappropriate or racially or morally offensive topics or content.

9. Informational Purposes Only

The Services are for your basic informational purposes only. You in your sole discretion must decide whether or not to utilize the platform provided by Fresco. While we offer information and tools to help you connect with others, we have no liability regarding your interaction with others or for your reliance on any information obtained through your use of the Services (whether provided by Fresco or its users).

  1. intellectual Property Rights

Fresco retains all intellectual property rights of information, materials and Content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Fresco or is used with permission. Fresco reserves all rights not expressly set forth in these Terms.

  1. license to and responsibility for content 

You own all of your Content. However, when you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, world-wide, royalty-free, perpetual, irrevocable and fully sub licensable right to access, use, process, publish and display Content as reasonably necessary to: (a) provide, maintain and update the Services, (b) to prevent or address service, security, support or technical issues; (c) as required by law, and (d) as expressly permitted by you. 

You promise that, with respect to any Content posted to the Service, (a) you have all rights necessary to upload such Content and to grant the above license to Fresco, and (b) such Content, or the use by Fresco, does not violate the applicable law or the intellectual property, publicity, personality or other rights of others. You are solely responsible for all Content that you publish on the Service. Fresco does not endorse the correctness of the Content or any opinion contained in any Content. 

  1. Third Party MATERIALS

Third party content or services may be made available on or through the Services as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). Third Party Materials is not under our control nor does Fresco endorse it, nor are we responsible for reviewing the accuracy of any Third Party Materials. Your dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, these Terms and all other Fresco policies will not govern your use of other websites and services.

  1. Disclaimers

The Service and any other service and Content (including Third Party Materials) are provided to you on an as-is or as-available basis without any representations or warranties of any kind. To the extent permitted by applicable law, we disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the Service and Content (including Third Party Materials).

  1. Limitation of Liability

To the fullest extent permitted by applicable law: (a) in no event will Fresco be liable to you or any third party for any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with these Terms or to the Services or any other service and Content (including Third Party Materials), regardless of the form of action, whether in contract, tort, strict liability, by statute or otherwise, even if we have been advised of the possibility of these damages or are aware of the possibility of these damages; and (b) the aggregate liability of Fresco, regardless of legal theory, arising out of or relating to these terms or the use of or inability to use the Services exceed any amounts paid by you to Fresco for the Services.

Nothing in the Agreement removes or limits Fresco’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

  1. Indemnification

You will defend, indemnify Fresco and its affiliates, directors, officers, employees, strategic partners, licensors, and any other related party against all liabilities, damages, losses, costs, fees (including legal fees) and expenses arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Fresco account.

  1. Changes to the Service

Fresco reserves the right to make changes to the Terms from time to time. When changes are made, Fresco will make a new copy of the Terms available. Your continued use of the Services after such changes will constitute acknowledgment and agreement of the modified Terms. Fresco will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service. 

  1. Suspension and Termination

Fresco may suspend or terminate your rights to access or use the Service for any reason or for no reason at all, including for non-compliance with this Agreement, and with or without notice at Fresco’s discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at [email protected]

  1. General

Enforcement of these Terms is solely at Fresco’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. 

  1. Severability

If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.

  1. Governing Law

This Agreement is governed by Norwegian laws and statutes. Norwegian law will apply to all matters relating to the Service, and any action against the Service shall be brought in the courts located in Oslo (Oslo Tingrett). 

  1. Contact details 

Any questions, complaints or claims with respect to Fresco should be directed to [email protected].