Terms of Service

1. Acceptance of Terms

By accessing or using Frogcake ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all the terms and conditions, you may not access or use the Service.

We reserve the right to update these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes acceptance of the new Terms.

2. Service Description

Frogcake is a task management application designed to help individuals and teams prioritize and complete tasks. The Service includes features such as task creation, prioritization algorithms, countdown timers, team collaboration, and productivity analytics. The specific features available to you may depend on your subscription plan.

3. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access to your account
• Ensuring your contact information is accurate and up-to-date

You may not share your account credentials with others or allow multiple individuals to use the same account unless permitted by your subscription plan. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Subscription and Billing

Free Trial: New accounts may receive a free trial period. At the end of the trial, you must subscribe to continue using the Service.

Automatic Renewal: Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You authorize us to charge your payment method on file for all renewal fees.

Refunds: Subscription fees are non-refundable except where required by applicable law. No refunds or credits will be provided for partial subscription periods or unused features.

Price Changes: We may change subscription prices at any time. Price changes will take effect at the start of your next billing period following notice of the change.

5. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Service or its systems
• Interfere with or disrupt the Service or servers connected to the Service
• Transmit any viruses, malware, or other harmful code
• Scrape, data mine, or use automated tools to access the Service
• Impersonate any person or entity
• Use the Service to harass, abuse, or harm others
• Violate any applicable laws or regulations

Violation of these terms may result in immediate termination of your account without refund.

6. Intellectual Property

Our Property: The Service, including all content, features, and functionality (including but not limited to software, text, graphics, logos, and trademarks), is owned by Frogcake and is protected by copyright, trademark, and other intellectual property laws.

Your Content: You retain ownership of any data, tasks, or other content you create within the Service ("User Content"). By using the Service, you grant us a limited license to store, process, and display your User Content solely to provide the Service to you.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

8. Disclaimer of Warranties

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy or reliability of any information obtained through the Service

You acknowledge that you use the Service at your own risk.

9. Limitation of Liability

This includes, without limitation, damages for:

• Loss of profits, revenue, data, or business opportunities
• Unauthorized access to or alteration of your data or transmissions
• Security breaches, hacking, or unauthorized disclosure of information
• Loss or corruption of data
• Service interruptions or downtime
• Any conduct or content of any third party using the Service
• Any bugs, viruses, or other harmful code transmitted through the Service

Liability Cap: In no event shall our total liability to you for all claims arising out of or relating to the use of the Service exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

These limitations apply even if we have been advised of the possibility of such damages and regardless of the theory of liability (contract, tort, strict liability, or otherwise).

10. Indemnification

You agree to indemnify, defend, and hold harmless Frogcake and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content

11. Dispute Resolution

11.1 Binding Arbitration

Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language in the State of California. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Arbitration Fees: Each party shall be responsible for its own arbitration fees and costs. If you demonstrate that such costs would be prohibitive compared to litigation costs, we will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

11.2 Class Action Waiver

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

11.3 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

11.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Non-payment of subscription fees
• Fraudulent or illegal activity
• At our sole discretion, for any other reason

Upon termination, your right to use the Service will immediately cease. You may request a copy of your data for a limited period following termination, after which your data may be permanently deleted.

13. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and Frogcake regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14. Contact Information

If you have any questions about these Terms, please contact us at: support@frogcake.com