Frolic Privacy Policy

2.1 Personal Information

• Account Information: When you create an account with Frolic, we may collect your name, email address, password, and other registration details.
• Usage Information: We collect information about how you use the Services, such as the features you access, the content you view or interact with, and the actions you take within the Services. This includes information about your device, browser type, IP address, and the date and time of your activities.
• Communication Information: If you contact us through email, chat, or other communication channels, we will collect the information you provide in your messages, including your name, contact details, and the content of your inquiries.

2.2 Non-Personal Information

• Analytics and Performance Data: We use analytics tools to collect non-personal information about the performance of the Services, such as page load times, error rates, and traffic sources. This information helps us improve the quality and performance of the Services.
• Device and Connection Information: We collect information about your device, such as the device type, operating system, and mobile network information. This information is used to optimize the Services for your device and to provide a seamless user experience.

3.1 Provide and Improve the Services

We use your personal information to create and manage your account, provide you with access to the Services, and deliver the features and functionality you request.

Your usage information helps us understand how you interact with the Services, identify areas for improvement, and develop new features and enhancements to meet your needs.

3.2 Communication

We may use your contact information to send you important updates, announcements, and administrative messages related to the Services, such as service changes, security alerts, and legal notices.

If you opt-in, we may also send you marketing communications, such as newsletters, product promotions, and event invitations. You can unsubscribe from these marketing emails at any time by following the instructions provided in the email.

3.3 Analytics and Research

We use analytics tools to analyze the usage patterns and trends of the Services. This helps us gain insights into user behavior, measure the effectiveness of our marketing and advertising efforts, and make data-driven decisions to improve the Services.

We may also conduct research and testing to evaluate new features, products, or services. Your data may be used in these activities to help us understand how users respond to different changes and to improve the overall user experience.

4.1 Essential Cookies

Essential cookies are required for the proper functioning of the Services. These cookies enable you to access and use the basic features of the Services, such as logging in, navigating between pages, and using shopping carts. Without these cookies, the Services may not be available or may not function properly.

4.2 Analytics Cookies

Analytics cookies help us analyze how you use the Services and improve their performance. These cookies collect information such as the number of visitors to the Services, the pages they visit, and how long they stay on each page. We use this information to understand user behavior, identify popular features, and make improvements to the Services.

4.3 Ads Cookies

Ads cookies are utilized to promote Frolic on external platforms such as Google and Microsoft. These cookies gather data about potential users' browsing habits, interests, and general online behavior across various websites and applications. Based on this information, we display targeted ads on these external platforms to attract new users to register and become members of Frolic. Ads cookies assist us in measuring the success of our advertising initiatives on these third-party platforms and in refining the relevance of the ads we present to drive new user acquisition.

4.4 Other Cookies

We may also use other types of cookies to support various functions within the Services. For instance, we utilize cookies in connection with third-party affiliate platforms that we have integrated with. These cookies help us track referrals from affiliate partners. When you click on a link provided by an affiliate, a cookie is set to identify the source of the referral. This enables us to attribute sign-ups, purchases, or other actions you take on our Services to the correct affiliate partner, ensuring proper compensation and analyzing the effectiveness of our affiliate marketing programs. Additionally, we use social media cookies to enable social media features on the Services. These cookies allow you to share content on social media platforms, connect with your friends, and interact with social media features within the Services.

5.1 Third-Party Service Providers

We may share your personal information with third-party service providers (such as Google, Cloudflare, and Microsoft) who assist us in operating the Services, providing services to you, or conducting analytics and research. These service providers are contractually obligated to protect your personal information and use it only for the purposes for which it was shared.

5.2 Legal Requirements

We may disclose your personal information if required to do so by law, regulation, or legal process, such as a court order, subpoena, or government investigation. We may also disclose your information to protect our rights, property, or safety, or the rights, property, or safety of others.

5.3 Business Transfers

In the event of a merger, acquisition, sale of assets, or other business transfer, your personal information may be transferred to the acquiring or successor entity. We will notify you of any such transfer and the applicable privacy policies of the new entity.

We are committed to complying with the General Data Protection Regulation (GDPR) in the European Union. If you are a resident of the European Economic Area (EEA), you have certain rights under the GDPR, including the right to access, correct, delete, and port your personal information, as well as the right to object to or restrict the processing of your information. To exercise these rights, please contact us using the information provided in the "Contact Us" section below.

6.1 Data Retention under GDPR

We will retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the establishment, exercise, or defense of legal claims, and in accordance with applicable laws and regulations.

• For account-related information, we will retain this data for 99 years after the account is closed, unless a longer retention period is required by law. This retention period allows us to address any potential disputes, comply with tax and accounting requirements, and maintain an audit trail.
• Usage information and analytics data will be retained for 3 months. This period is sufficient for us to analyze trends, improve the Services, and measure the effectiveness of our marketing campaigns. After this time, the data will be anonymized or deleted.
• Communication information will be retained for 99 years from the date of the last communication. This is to ensure that we can refer back to past interactions in case of follow-up inquiries or to address any issues that may arise.

10.1 Content Ownership

If you utilize Frolic to generate content, you, Frolic, and potentially third-party service providers (such as Stability, OpenAI, Claude) may jointly hold the copyright to such content. The following details explain the nature of this joint copyright:

General Principles

• Applicable Law: This joint-copyright arrangement is subject to the laws applicable to Artificial Intelligence-Generated Content (AIGC) in the relevant jurisdiction. Given that laws regarding AIGC vary significantly across different regions, if you are using Frolic from a particular area, we recommend consulting a legal professional to understand your rights comprehensively.
• Creation Process: The content generated via Frolic is a result of the combination of your input (including prompts, instructions, and any pre-existing data you supply), the algorithms and technology of Frolic, and the resources and capabilities provided by third-party service providers. This multi-party collaborative creation process gives rise to the joint copyright.

Rights and Obligations of Joint Owners

• Usage Rights: You, as the user, have the full right to use the jointly-held content for both non-commercial and commercial purposes without the need to obtain prior consent from Frolic or the third-party service providers. This includes, but is not limited to, using the content for personal projects, business marketing, publication, and any other legitimate use. Frolic reserves the right to use the content for internal research, product improvement, and demonstration purposes, as well as in compliance with legal requirements. The third-party service providers may have their own usage rights as defined in their respective service agreements with Frolic.
• Licensing and Transfer: While you have the freedom to use the content as described above, none of the joint owners (you, Frolic, or the third-party service providers) can license or transfer the jointly-held copyright to a third-party without the prior written consent of all other joint owners, except as required by law. In the event of a legal transfer (such as in the case of a business transfer described in Section 5.3), the new entity will assume the rights and obligations of Frolic under this joint-copyright arrangement.
• Infringement Actions: In the event of copyright infringement of the jointly-held content, all joint owners have the right to take legal action. However, it is crucial that all parties communicate and coordinate to ensure the most effective protection of the copyright and avoid conflicting claims.

10.2 User Liability

If your content infringes on the rights of others, you will be solely responsible for such infringement. This includes any claims arising from the input you provide to Frolic, the combination of your input with the generated content, or the use of the generated content in a way that violates the intellectual property rights of third parties.

11.1 Circumstances for Account Freezing

We reserve the right to freeze your account under the following circumstances:

11.1.1 Violation of Terms of Service

• Unauthorized Access and Use: If you attempt to gain unauthorized access to other users' accounts, or use the Services in a way that violates the security or integrity of the system. For example, using automated scripts or bots to perform actions on the Services without our prior written consent.
• Inappropriate Content: Posting, uploading, or sharing content that is illegal, offensive, defamatory, harassing, or violates the intellectual property rights of others. This includes but is not limited to pornographic content, hate speech, and copyrighted materials without proper authorization.
• Commercial Misuse: Using the Services for commercial purposes that are not permitted by our terms of service. For instance, using the Services to conduct large-scale advertising or spamming activities.

11.1.2 Suspected Fraudulent Activities

• Payment Fraud: If there are signs of fraudulent payment activities, such as using stolen credit card information, making unauthorized transactions, or engaging in chargeback fraud.
• Account Manipulation: Creating multiple accounts for the purpose of manipulating rankings, votes, or other aspects of the Services. This also includes using fake identities to gain an unfair advantage.

11.1.3 Non-Compliance with Applicable Laws and Regulations

• Legal Violations: Any action that violates local, national, or international laws and regulations. For example, using the Services to engage in money-laundering, drug-related activities, or other illegal business operations.

11.2 User Remedies after Account Freezing

11.2.1 Notification

Once your account is frozen, we will provide a notification on the client interface when you are using our Services. The notification may inform you that your account has been frozen and provide instructions on how to proceed, but will not disclose the specific reason for the freezing.

11.2.2 Appeal Process

• Appeal Submission: If you believe that your account has been frozen in error, you can submit an appeal within 7 days from the date of the freezing notification. To submit an appeal, please send an email to care@frolichq.com with the following information:
  • Your account ID or registered email address.
  • A detailed explanation of why you believe the account freezing is incorrect.
  • Any supporting evidence that you may have, such as transaction receipts, communication records, etc.
• Review and Response: Our team will review your appeal within 7 business days. After the review, we will send you a response via email indicating whether the account freezing will be lifted or not.

11.2.3 Re-evaluation Mechanism

In case you are not satisfied with the outcome of the appeal, you can request a re-evaluation within 7 days from the date of the appeal response. To request a re-evaluation, please send an email to care@frolichq.com with the same information as in the appeal, along with a brief statement explaining why you believe a re-evaluation is necessary. Our senior management team will conduct a re-evaluation of your case, and you will receive a final decision within 7 business days.