Terms of Use

Effective Date:12th of March 2026

Introduction 

These are the Terms of Use (the “Terms”) for the FRAGOL North America Inc. (“FRAGOL”) website found at https://www.fragol.com, and the various subdomains (our “Website”).

Please be aware that these Terms constitute a binding legal agreement between you and FRAGOL. You agree you are responsible for your use of our Website and any resulting consequences. You may use our Website and interact with us only in compliance with these Terms and all applicable laws. Your use of our Website constitutes your acceptance of these Terms and our Website’s Privacy Policy. 

These Terms cover your use of the Websites only. 

Eligibility Requirements

By accepting these Terms through your use of our Website, you certify that you are at least 18 years of age, or are at least 16 years of age and are using the Websites under the supervision of a parent or legal guardian.

Representations & Warranties to FRAGOL

By using our Website, you represent, warrant, and agree:

1. You meet all age and eligibility requirements expressed in these Terms;
2. You are solely responsible for the accuracy, legality, and appropriateness of your use of the Website, including all data, files, and communications entered into the Website, as well as the use of downloadable assets generated from the Website; and
3. You will only use our Website for lawful purposes.
 

Prohibited Uses

You agree not to use our Website:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
3. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation; or
4. To impersonate or attempt to impersonate FRAGOL, a FRAGOL employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Additionally, you agree not to:

1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
2. Use any device, software, or routine that interferes with the proper working of the Website;
3. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 
4. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, or any server, computer, or database connected to the Website or attack the Website in any way; or
5. Otherwise attempt to interfere with the proper working of the Website.
 

Termination of Access

FRAGOL maintains the right to suspend or disable your access to the Website or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if FRAGOL otherwise determines such action is warranted. FRAGOL reserves the right to revoke your access to and use of the Website at any time, with or without cause.

Websites and Availability 

We reserve the right to withdraw or amend our Website at our sole discretion without notice. We will not be liable if, for any reason all, or any part of the Website are unavailable, at any time or for any period. 

FRAGOL may from time to time in its sole discretion develop and provide updates to the Website, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”).

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Links to Third Party Sites

Our Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FRAGOL and FRAGOL is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. FRAGOL is not responsible for webcasting or any other form of transmission received from any Linked Site. FRAGOL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FRAGOL of the site or any association with its operators. FRAGOL’s Website may also contain cookies, and other similar tracking technologies that are controlled by other parties. To read more about your rights with respect to these technologies, please review FRAGOL’s Privacy Policy, found at htf.fragol.com/privacy/privacy-policy-website.

Copyright and Trademark Notices 

Trademarks. The FRAGOL name and logos are trademarks and Service marks of FRAGOL (collectively the “FRAGOL Trademarks”). Other FRAGOL, product, and Service names and logos used and displayed via our Website may be trademarks or Service marks of their respective owners, who may or may not endorse or be affiliated with or connected to FRAGOL. Nothing in these Terms or in our Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of FRAGOL Trademarks displayed through our Website, without our prior written permission in each instance. All goodwill generated from the use of FRAGOL Trademarks will inure to our exclusive benefit.

Copyright. It is FRAGOL’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law—including, in the United States, the Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office website. That means that if we receive such a notice for content hosted in our platforms, we will remove or disable access to that content subject to applicable laws and make a good faith effort to give notice of the claimed infringement to the account holder. Please note that a copy of each legal notice we receive is sent to a third-party which may publish and/or annotate it. To file a notice of infringement with us, please contact us at: privacy-usfragol.com.

Feedback Transmitted Through Our Websites. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information unrelated to information you provide (“Feedback”), provided by you to FRAGOL is non-confidential, and FRAGOL will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Communications

As part of your use of our Website, you consent to receive electronic notifications from FRAGOL. You may opt-out of receiving certain notifications from FRAGOL by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.

Indemnity and Release

You agree to release, indemnify, and hold harmless FRAGOL, its affiliates, and its and their respective officers, employees, directors, members, and agents from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of, or relating to, your use of Website and interactions with us, your violation of these Terms, or your violation of any rights of another.

Disclaimer of Warranties Related to our Website

YOUR USE OF OUR SERVICES AND YOUR INTERACTIONS WITH US IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRAGOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FRAGOL MAKES NO WARRANTY THAT: (I) OUR SERVICES OR OTHER INTERACTIONS WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRAGOL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRAGOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE, OR THE INABILITY TO USE, OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL FRAGOL ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT YOU HAVE PAID FRAGOL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

General 

Modification. We may modify these Terms at any time. We will post the changes on our Website with the effective date, and notify you of any material changes. Your continued use of our Website or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.

Governing Law. The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the United States, where applicable, and otherwise by the laws of the State of Delaware without regard to its principles of conflicts of laws. Any dispute arising out of these Terms shall be heard in a court of competent jurisdiction over cases and controversies arising in Wilmington, Delaware. 

No Waiver. The failure of FRAGOL to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. 

Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

Phone: +1 (773) 493-4881
Email: privacy-usfragol.com