Terms of Service

Last updated December 1, 2021

These are fren.vip’s Terms of Service. Please review it carefully.

Overview

By accessing or using any of our websites or services, you represent that you have reached the age of majority for where you live to be bound by these Terms or that you have a parent or legal guardian consent to be bound by these Terms.

If you are accessing any of our websites or services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these terms. In that case, “you” and “your” refers to the organization.

The Terms of Service (“Terms”) applies to all access to or use of the fren.vip website (“Website”), programs, and technical support (collectively, “Services”). Fren.vip (“we”, “us”, “our”) provides you with these Services subject to your acceptance, without any modifications of the Terms, as well as any other operating rules and policies that is published on its website, such as the privacy policies (collectively, the “Agreement”).

IF YOU DO NOT AGREE WITH ANY PORTION OF THE AGREEMENT OR IF YOU DO NOT INTEND TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE ANY FREN.VIP SERVICE.

We reserve the right to change these Terms from time to time, and any revised Terms will supersede prior versions. Any updates to these Terms shall be posted on this website. You acknowledge your responsibility to review our Terms from time to time and to be aware of any such changes. By continuing to use any of our Services after we post any such changes, you accept the revised Terms.

Service Availability

We transmit messages (via email and sms text) on events caused or initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. We are not responsible for the final delivery of any communication initiated through our Services.

While we shall use commercially reasonable efforts to transmit your messages to the applicable downstream network for final delivery to your designated recipients as fast as possible, we cannot guarantee a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages with a default lifetime and any message that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. We are not liable for any loss incurred by the failure of a message to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from us for any such non-deliveries.

Your Account

Before you can use our Services, you must first register/subscribe with payment on the Website with basic information, such as your organization name, telephone number and email address. All information that you provide about yourself while maintaining the account must be accurate, complete, and current.

You are solely responsible for all use (whether authorized or not) of our Services under your account(s). You are also solely responsible for all access to and use of your account, and for all acts and omissions of anyone that has access to it. Additionally, you agree to notify us of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your sign in credential. We will not be liable for any loss or damage arising from unauthorized use of your account.

Any suspected fraudulent, abusive, or otherwise illegal activity related to our Services may be grounds for suspension or termination of your user account, in our sole discretion.

Compliance with the Law

You agree to use our Services in accordance with all applicable guidelines, as well as all state and federal laws that the Services are subject to. In order to confirm your compliance with these Terms, so as to ensure that fren.vip is complying with national and international laws, we may, from time to time, periodically check the messages that you send.

You represent and warrant that the owners of the phone numbers you initiate messages to through our Services have consented or otherwise opted-in to the receipt of such messages as required by any applicable law or regulation.

You further agree that any individuals requesting opt-out status shall be immediately unsubscribed (if they haven’t done that by proposed means, established to be automated by fren.vip) and you further agree that you will not initiate any further messages to any individuals after they request opt-out status.

Your use of our Services shall not include:

  • Sending unsolicited marketing messages (i.e., spam);
  • Harvesting, or otherwise collecting, information about others without their consent;
  • Disclosing, transferring, or selling any contact and personal information of any users of fren.vip (including customers registered by you) that is not your ownself to any third party individual or organization;
  • Misleading others as to the identity of the sender of your messages or by creating a false identity, impersonating the identity of someone/something else, or by providing names or contact details that do not belong to you;
  • Transmitting, associating, or publishing any unlawful, racist, harassing, defamatory, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, or otherwise objectionable material of any kind;
  • Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights, and right of publicity;
  • Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots, or any other harmful programs;
  • Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies, or procedures of such networks;
  • Interfering with another's use and access of our Services;
  • Engaging in any other activity that could subject it to criminal or civil liability.

We will not be liable for any misuse of the Services by you. You further agree that we are, under no circumstances, responsible for the contents and/or accuracy of your messages that we will only transmit them on a basis of good faith that you use the Services in accordance with these Terms.

Content Submission

You agree that any information or materials that you or individuals acting on your behalf provide to us (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. Furthermore, except as otherwise required for your use of the Services as contemplated herein, you should not send any confidential or proprietary information to us via the Website or the email addresses referenced on the Website.

In connection with such information and materials, you warrant and represent that you have all rights, title, and interests necessary to provide such content to us and that your provision of the content does not infringe any third party’s proprietary or personal rights, including, but not limited to, any trademark, copyright, patent, or trade secret. By providing any such information or materials to us (other than information required for your use of the Services as contemplated herein), you grant to us an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials.

Payments and Charges

You agree to pay monthly subscription fee using your credit card, as well as not to terminate your authorization for charges to credit card until all fees are paid in full under the terms of this agreement unless mutually agreed upon by both parties.

Where relevant, Transaction Charges are applicable and may change from time to time. All transaction charges applicable will be published on the Website before the changes are effective.  For the avoidance of doubt, the Transaction Charges are not refundable in any event and under any circumstances whatsoever.

You understand and accept that service will be interrupted should you become defaulted in paying fees after a 10 day grace period. You agree to bring all fees updated before service will resume.

We shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

No Warranty; Limitation of Liability

We reserves the right to modify, suspend, or discontinue the offering of any of the Services at any time and for any reason without prior notice. Further, while we utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, we cannot guarantee the security or integrity of the data and shall not be liable for breaches of security or integrity, third-party interception in transit, or any damage caused to your computer or other property by your use of the Services.

We shall use reasonable efforts to make access to the Services available , but makes no warranty or guarantee that

  1. (i) the Services will be available at any particular time; or
  2. (ii) you will be able to access the Services at any particular time or from any particular location.
We will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs); for any act or omission of a third party (including those vendors participating in our offerings); for equipment that we do not furnish; or for damages that result from the operation of customer-provided systems, equipment, facilities, or services that are interconnected with the Service.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, WE DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED, TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., HACKING), NOR SHALL WE BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. WE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OR THAT THE SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS.

WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT, SOFTWARE, OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. OUR TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO US HEREUNDER.

Indemnification

You agree to indemnify and hold harmless fren.vip and our affiliates, as well as each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers, and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs, and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements, and attorneys’ fees, including attorneys’ fees incurred from counsel selected by us in our sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action based upon or arising out of your activities under these Terms or your acts or omissions in connection with any use by you, an account belonging to you, or a computer under your control, of the fren.vip Services. You acknowledge and agree to be held liable for any and all damages caused to fren.vip by you as a direct result of any violation of local, state, national, or international laws or regulations, including, but not limited to, those damages arising from your fraudulent, intentional, or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing, and/or services provided by fren.vip to you.

You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and in which we would otherwise subject to indemnification by you. You will also be liable to us for any costs and attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this Section.

Termination, Cancellation, and/or Suspension

If you breach these Terms at any time, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any time and for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as one of our clients, your financial status, or the content of the messages or broadcasts originating from you.

Upon any termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and we shall have no obligation to you after any termination or cancellation of these Terms. Should such a termination take place when you still have credits in your account, you shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by us, including, without limitation, the payment of transfer duties, legal costs, third-party costs, and penalties.

The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of our Services.

Other Limitations

You will not reverse engineer, decompile, disassemble, derive, or otherwise create, attempt to create or derive, or assist anyone else to create or derive the source code of any software provided in connection with our Services.

You are prohibited from violating or attempting to violate the security of our Services and from using them to violate the security of other websites by any method, including, without limitation:

  1. (a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
  2. (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization;
  3. (c) attempting to interfere with service to any user of the Services, host, or network, including, without limitation, by means of submitting a virus to, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing” the Website;
  4. (d) sending unsolicited e-mail, including promotions and/or advertisements of products or services; or
  5. (e) forging any fren.vip packet header or any part of the header information in any e-mail, instant message, text message, or newsgroup posting.

      6. Governing Law

      This Agreement shall be interpreted and construed in accordance with the laws of Malaysia, without regard to the conflicts of laws principles thereof.

      You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder and that nothing contained in these Terms or in the performance of these obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules, and regulations with regard to your use of the Services, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing in Malaysia.

      You irrevocably submit (for yourself and in respect of your property and business) to the jurisdiction of any state or federal court sitting in Malaysia, in any action or proceeding arising out of, or relating to, this Agreement and acknowledge and agree that all claims in respect of the action or proceeding may be heard and determined in any such court. You also agree not to bring any action or proceeding arising out of, or relating to, this Agreement in any other court. You waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought.

      This Agreement constitutes the entire Agreement between the parties and supersedes any previous agreements and there are no further items or provisions, either oral or otherwise.