Frim

User Agreement

This User Agreement (“Agreement”) governs the relations between Ardetiel Services Limited, hereinafter referred to as “Administration”, and Service User, hereinafter referred to as “User”.

Service means an interactive application for acquaintance and communication “FRIM”, which is a mobile software. Service operation and maintenance, and granting access to the Service for Users shall be done by the Administration only. Use of Service takes place in the interactive (online) mode by setting a Client Part of the Service on a User’s mobile phone, and User’s connection to the Server of the Administration via Internet. Administration reserves exclusive rights to using the Service.

Administration means Ardetiel Services Limited and carries out operation, maintenance and administration of the Service. Administration provides access to the Service, its Services and Additional Paid Services for the User on conditions of this Agreement. Administration is a party to the User Agreement.

Service User means an individual who uses the Service and is an end consumer of the Services and Additional Paid Services. User is a Party to the User Agreement.

Services means granting access by the Operator for the User to the Service, using its opportunities and functions, on conditions set forth in this Agreement. Services, except for Additional Paid Services, are provided by the Administration to the User on a free-of-charge basis. Services may be provided by the Administration to the User only within the Service framework, i.e. while using the Service by the User.

Additional Paid Services means granting access to additional, special opportunities of the Service to the User for a fee on conditions set forth in this Agreement. Additional Paid Services are not a mandatory condition of using the Service or receiving the Services by the User, and are provided to the User for getting additional Service opportunities exceeding the scope of the Services. Additional Paid Services are provided upon request and desire of the User.

Client Part of the Service means software required to use the Service, receive the Services and Additional Paid Services from the Administration. Client Part of the Service is installed by the User on his/her mobile phone on his/her own. Client Part of the Service is distributed by Administration and its authorized persons on the web, and is provided to the User on a free-of-charge basis. Client Part of the Service is a mobile software with exclusive rights to distribute it reserved by Administration.

User Agreement means the text of this Agreement between the User and Administration, containing all necessary and essential conditions of the contract. Compliance with conditions of the User Agreement is a mandatory condition for using the Service by the User, and for receiving the Services and Additional Paid Services by the User.

Before Starting the Use

1. By using the Service you agree that you have studied conditions of this Agreement in full before the beginning of using the Service. .
2. By starting using the Service in any form you express your acceptance of all conditions of this Agreement in full, without any exceptions and/or limitations from you. Use of the Service on different conditions is not allowed.
3. If you do not agree to the conditions of this Agreement, or do not have the right to enter into it, you should immediately stop any use of the Service.
4. User Agreement (and/or any part hereof) may be amended by Administration without any special notice. New revision of User Agreement will take effect after being published at: http://fr.im/ua, unless otherwise specified in a new revision of the Agreement.
5. The Service is provided for personal, family, home and other needs of individuals, which are not related to the business activity. Use of the Service for commercial needs is not allowed.

General Provisions

1. Service Users may be capable persons of over 14 years old.
2. Use of the Service is allowed after the User completes registration procedure.
3. Some technical, organizational, financial and commercial conditions of using the Service, including its functional opportunities and paid functions, may be brought to the Users’ notice in the Client Part of the Service or by being published at the Web site.
4. Administration provides the Services to the registered User, including but not limited to the following:
- To create an account, to fill in personal data, to upload a photo:
- To exchange messages with other Service Users;
- To use technical opportunities of mobile phone to detect mobile devices with the activated Bluetooth® within a radius of up to 10 m around him;
- To publish special personal information message (a so-called “Status”);
- To find other Users in the Service database according to the specified and available criteria;
- To view profiles of other registered Users
- To add and to remove Users to/from personal contact list (so-called “Friends”)
- To receive on-line information about changes in Friends’ Statuses, about use of the Service by the Friends;

Forbidden Actions

It is forbidden for the User:
1. To publish texts and images insulting human dignity, promulgating violence, pornography, drugs, race or national hatred, etc.
2. To use the Service in any manner that may encumber its normal functioning;
3. To upload, publish, transfer or otherwise disclose, including by using in the User’s name (nick name) and on sending personal messages on-line (“to publish”), any information and/or statements containing threats, discrediting or insulting other Users or third persons, or that are vulgar, obscene, rude, offensive, of fraudulent nature, infringe upon private or public interests, propagandize race, religious, ethnic hatred or fight, as well as any other information insulting human honor and dignity, violating universal moral and ethic rules, infringing upon legally protected rights of a human and citizen;
4. To mislead other Users as to his/her personality using other person’s account, to deliberately distort information about himself/herself, his/her age and/or relations with other persons and/or organizations;
5. To publish any commercial advertisement, quotes, agitation materials, to spread spam, chain messages (messages requiring their transfer to one or several users), schemes of financial pyramids or invitations to participate in them, any other obtrusive information, except when publication of such information has been approved by Administration;
6. To publish in the Service home addresses, telephone numbers, e-mail addresses, passport data and other personal information of other users or any third persons without their personal consent to such actions;
7. To publish any files (or links to files) that contain or may contain viruses and other harmful software. Sending any messages containing information of that kind is also forbidden;
8. To describe or promulgate criminal activity, to publish instructions or guidelines for committing crimes;
9. In any way, by password attack, hacking or other actions that allow getting access to other person’s account against the will of the person such account belongs to;
10. To publish any information that infringes upon exclusive rights of Users or third persons to the objects of intellectual property;
11. To publish any other information that in the personal opinion of the Administration is undesirable, does not meet the goals of Service creation, infringes upon Users’ interests or is undesirable for publication at the Service for other reasons.
12. To publish rude and/or swear words and/or word combinations, to use such words/word combinations in the User’s name (nick name).
13. To use in the User’s name (nick name) any words and/or word combinations (created in any language of the world, in any transliteration, irrespective of case (low-case and/or upper-case letters), irrespective of design and type), which mislead (or may mislead) other Service users as to whether this User has opportunities (powers and/or rights) to control (moderate) the Service (or its certain sections and/or functions and/or content). For the purpose of demonstrating the rules given in this paragraph, we provide examples of words/word combinations use of which in the User’s name (nick name) is forbidden. Forbidden names and/or nick names of Users: “Administrator”, “Moderator”, “FRIM” and any other words/word combinations that are derivatives from the aforesaid words, as well as any other words/word combinations description of which is given in this paragraph in the User Agreement.

Administration’s Liability Limitation

1. Service is provided on an “as is” basis, therefore you are not given any warranties that the Service will meet your requirements; or that services will be provided on a continuous basis, quickly, safely and without errors; or that results that may be received using the Service will be accurate and reliable; or that quality of any product, service, information and other content received using the Service will meet your expectations; all errors in the Service software will be corrected.
2. As the Service is being permanently supplemented and updated with regard to its new functional opportunities, form and nature of the services rendered therein may change from time to time without giving you a prior notice. Administration is entitled to stop rendering services (or any particular functions of the services) to all Users or particularly to you at its own discretion (temporarily or finally) without giving you a prior notice.
3. Design of the Client Part of the Service, its software and technical support have been developed for access via mobile device;
4. Administration is not responsible for the quality of communication and data transmission speed. All questions concerning stable communication, mobile phone settings and other similar technical problems shall be placed with the Operator.
5. Administration is in no way connected with the materials (text, images) published by Users in the Service (“content”), and does not check the content, authenticity and safety of these materials, as well as their compliance with requirements of applicable law, as well as whether Users have the necessary scope of rights to use them.
6. While using the Service you may receive content that may be treated as containing impulsive or rude information, as well as violating applicable law and rights of third persons.
7. The whole and entire liability for the content and its meeting requirements of applicable law shall be borne by a person who has created such content and (or) published it in the Service.
8. You shall bear sole liability for any breach of your obligations set forth herein and (or) by applicable law, as well as for all consequences of such violations (including any loss or damage the Service Owner and other third persons may incur).
9. Administration reserves the right to remove any content from the Service or to limit access to it on a temporarily basis without explaining the reasons thereof.
10. Should the User commit repeated multiple violations of conditions of this Agreement and/or requirements of laws, Administration reserves the right to block User’s account in full or any of its services.
11. Upon occurrence of any claims from the third persons in respect of breach of any property and/or personal non-property rights of third persons, as well as prohibitions or limitations set by law, you shall compensate a full sum of loss to Administration.
12. Administration disclaims any responsibility in connection with your breaches and causing you harm or loss under the circumstances described above.
13. The cost of WAP/GPRS (web) traffic, the cost of SMS messages sent by Users to shortcode telephone numbers to receive additional paid services in the Service is determined and charged by respective cellular Operator the User is a subscriber of. The cost of sending and/or receiving billable SMS messages shall be specified from the Operator.
14. Short code telephone numbers are provided by Cellular Operators and/or other partners of Administration for the purpose of rendering additional services by the latter to Users in the Service
15. In any circumstances liability of Administration is limited to the sum of one hundred euros (100) pursuant to the applied Laws.

SMS Notifications


1. You agree to receive information SMS messages (“SMS”) from Administration on the following conditions.
2. Administration uses SMS to inform the User of his/her account status, i.e.: passport reminder, unread messages, occurrence of another User in the nearby, and notices of new messages from another Service User.
3. Administration undertakes not to attach advertising messages from third persons to SMS.
4. All SMS from Administration are received from FRIM.

Additional Paid Services

1. This section of Agreement governs the procedure and conditions of rendering Additional Paid Services in the Service by Administration to the User.
2. At the User's will Administration renders the User Additional Paid Services that enable the User to use additional extended special Service opportunities.
3. The moment of rendering Additional Paid Service by the Operator is the moment of charging internal currency ("coins") by Administration from the User's personal account (wallet) as payment for this Additional Paid Service and receiving Additional Paid Service by the User. From this moment Additional Paid Service is considered to be rendered by Administration to the User in full, on time, and being of adequate quality. Money paid by the User for Additional Paid Service cannot be returned by Administration to the User.
4. List and cost of Additional Paid Services is published only by Administration in the Client Part of the Service.
5. While registering the User in the Service, Administration automatically starts User's personal account in the Service, which actually linked to the User's profile. Payment for Additional Paid Services is effected by the User from this User's Personal Account.
6. Ways and conditions to add money to the User's Personal Account in the Service to pay for Additional Paid Services in the Service are published by Administration in the Client Part of the Service. Replenishment of User's Personal Account in the Service is done by the User by transferring money via supported payment systems to the settlement account of Administration. List of available payment systems is given in the Client Part of the Service. After money is received from the User to the settlement account of Administration, money is converted into internal currency ("coins"). Conversion takes place according to the exchange rate and formula established by Administration and published in the Client Part of the Service. The moment of replenishing User's Personal Account is the moment when money is received to the settlement account of Administration.
7. Upon replenishing User's Personal Account in the Service, the User shall follow payment instructions on the payment order and ways, including the rules of typing message and SMS number, including the procedure of typing upper-case and lower-case letters, numbers, and language of typing. Adding internal currency (coins) to the User's Personal Account is guaranteed subject to fulfillment of applicable instructions and payment conditions. Operator shall not be responsible for the accuracy of User's fulfillment of conditions for payment of Additional Paid Services, as being outside the scope of control by Administration. Insofar as it concerns rules and procedure of using payment systems for replenishing Personal Account, the User shall contact legal entities holding such payment systems. Administration does not give any clarifications to the Users regarding the questions connected with the rules and procedure of using such payment systems, and does not compensate money to the User who has performed payment operations to replenish User's Personal Account in the Service via payment systems, in case if such payments have been effected with a breach of the rules set by payment systems, in the result of which money has not been received by Administration.
8. The User may receive Additional Paid Services subject to his/her full payment for such Additional Paid Services, and Administration shall have the right not to provide Additional Paid Services, to provide them to a limited extent, or to limit receiving Additional Paid Services by the User until it receives a payment confirmation for such Additional Paid Services. In order to receive Additional Paid Services by the User there shall be enough sum of internal currency (coins) at the User's Personal Account in the Game, to be charged for each particular Additional Paid Service. Operator does not provide any respite, extension in payment for Additional Paid Services to the User, and does not provide Additional Paid Services on credit. Additional Paid Services are provided by Administration to the User on condition of full prepayment of the cost of such Additional Paid Services.
9. In case if in the result of technical error or Service failure, or User's deliberate actions the latter has received Additional Paid Services without payment and/or for incomplete payment, and/or without internal currency (coins) charged from User's Personal Account as payment for such Additional Paid Services, the User must inform Administration thereof, and shall compensate Administration the cost of such Additional Paid Services received by the User in the result of the said circumstances.
10. Administration does not accrue and does pay any interests to the User for the money not used by the User, in case if such money has been transferred by the User to the Operator's settlement account for its conversion into internal currency (coins) and further payment for Additional Paid Services, and is kept at the User's Personal Account in the Service.
11. The User shall keep the documents confirming his/her payment for Additional Paid Services for the entire period of User's participation in the Service, and shall submit them to Administration upon its request, and submit Administration the information on the circumstances of making such payment by the User.
12. The User shall monitor his/her personal account balance on his/her own.
13. Additional Paid Services are rendered only by Administration, and no offers of third persons on the rendering of any Services related to the Service cannot be treated by the User as offers made by Administration. In case if any disputable, unclear situations occur, or any offers related to payment for the Services or Additional Paid Services in the Service are sent to the User by any third persons, or if such advertisements and offers are published on the web, except for those published at the Administration's resources and made on behalf of Administration, the User shall immediately inform Administration of such fact. In case if the User makes payment according to the given advertisement, using payment details specified therein, in breach of this provision, User's claims to Administration regarding non-receipt of money to the User's Personal Account will not be accepted, and Administration will not compensate the User any money spent by the latter under such circumstances.
14. If Administration determines that the User receives Services or Additional Paid Services inside the Service from other third persons (individuals and/or legal entities), Administration shall have a right to suspend, stop rendering Services, Additional Paid Services to the User.
15. Receiving of Additional Paid Services does not exempt Users from compliance with this User Agreement and application of any measures stipulated herein to them, including full or partial refusal of Administration to render Services to the User. User will receive no compensation for already paid Services in case if Administration refuses to render the Services.
16. The User guarantees Administration that he/she is entitled to use payment tools selected by him/her to pay for Additional Paid Services without breaching the legislation laws. Administration is not responsible for any possible damage caused to third persons and/or other Users of the Game in the result of using payment tools by the User, which do not belong to him.
17. In case if Operator has enough grounds to think that the User commits illegal actions, or fraudulent actions connected with payment for Additional Paid Services, Administration will have a right to transfer respective information to the law enforcement agencies for verification of this fact.
18. The User shall bear all expenses incurred by money transfer to Administration, including charges and commissions, on his own and at his own cost.
19. The User guarantees that he has all powers to conclude this Agreement insofar as it concerns rendering of Additional Paid Services, and that he has a right and power to make payments for receiving Additional Paid Services. In case if the User has not reached his full age, he shall on his own receive a relevant permit in the form required by law from his parents or legitimate representatives for making payments.
20. The User agrees, understands and accepts the fact that the Service is not a game of chance, gamble, contest, bet, and that Additional Paid Services are purchased at his own will and desire, and is not a necessary or mandatory condition for using the Service.

Other conditions

1. After his registration, the User gives his consent for automated processing, use and distribution of his personal data.
2. This Agreement and relations of the Parties are governed by european laws.
3. All disputes arising from or in connection with this Agreement shall be studied in the applied courts in accordance with the general rules of jurisdiction.
4. Recognition of any provision of this Agreement by court to be invalid or to be not subject to forced fulfillment does not imply invalidity or unfeasibility of other provisions hereof.
5. This document creates full agreement between the parties after you accept it as per Art. 1 hereof, and cancels all previously achieved or assumed agreements.
6. Please use contact form http://fr.im/feedback in respect of any and all questions related to fulfillment of this Agreement.
8. Administration of the Application and Web site is Ardetiel Services Limited.

18.03.2013