# Introduction

Welcome to Frak! Frak is a Defi Protocol developed for Creators and Users. We enable Creators to mint their content in order to get paid everytime this content is consumed. On the other hand, Users who brings value to content by consuming and sharing it are rewarded for their engagement.


# Definitions

* **Buyer** Refers to the User acquiring a Fraktion on Frak’s Marketplace.
* **Fraktion** Refers to the digital cards featuring a content that are available within the Service, as well as the underlying tokens that can be used on a blockchain.
* **Cryptocurrency** Refers to any a digital asset designed to work as a medium of exchange on blockchain and accepted in payment throughout the Services.
* **Currency** Refers to any currency being legal tender (euro, dollar, etc.).
* **Marketplace** Refers to the service offered by Frak that allows Users to exchange or sell Fraktions amongst them.
* **fNFT** Refers to the Non-Fungible Token (also known as Crypto-good or Crypto-collectible) which represents on blockchain the Fraktion digital card. This token ensures the scarcity of the Fraktion and the transparency of the service.
* **Creator** Refers to the User offering to mint his own Fraktions on the Service’ Marketplace.
* **Services** Refers to every service accessible on frak.id with a User account, namely the sales section, the Marketplace, the gallery, and the game arena.
* **Terms of Service** These Terms of Use constitute a legally binding agreement between you and Frak (as defined above) governing your access to and use of the Website and all associated services (hereinafter, the "Services").
* **Third-Party Services** Refers to the services not operated by Frak, but use to provides content or additional features to the Users such as payment service, content on players, marketplaces of fraktions, etc.
* **User** Refers to any natural person or legal person using the services offered by the Service or visiting its website with a full legal capacity and who is not acting for purposes relating to his trade, business, craft, or profession.
* **Website** Refers to the website frak.id including any subdomains thereof, and any other websites through which Frak makes its services available.

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# Account

To use Frak you must create and account and secure it.


# Creation and access

Any User must be a natural person with full legal capacity or failing that be at least 13 years old and have obtained the agreement of your legal representative, and you agree to provide us with his email address so that we can contact him.\
Any User can create an account on the Service by:

* providing his/her username, e-mail address; and
* choosing a strong password; and
* accepting the Terms of Service.

The Service shall not be held liable for the loss or theft of a password by the User, or by the resulting account impersonation.\
It is the User's responsibility to take all measures to secure access to this data.


# Deletion

The User may, at any time, request the deletion of his/her account under the conditions set out by the Website. The deletion of an account irreversibly leads to the deletion of all its data, as well as the associated Wallet and Collectibles stored. We can provide assistance in moving their Collectibles on an external wallet before the deletion procedure. The Service shall not be held liable, in any circumstances, for the loss of Collectible arising from the User’s account deletion.


# Wallet and Payment

The Service provides each account with a unique Wallet to ensure the conservation and the use of FRK and Fraktions within the Service. Users are also able to connect their own wallet (such as MetaMask). External wallets relies on an experimental technology independant of the Service. Therefore, the Service should not be held liable for any technical default, hacking or loss of the data stored on the Wallet. Users are free to use the Wallet to execute transactions within the Service. He/She may credit or debit the Wallet with his/her own FRK and Collectibles at any time, within the limits defined by the Service. Credit card payments made through the Frak Marketplace are handled by the electronic money institution listed the Frak Marketplace (the "Electronic Money Institution"). You contract directly with the Electronic Money Institution for the processing of such payments by accepting its terms and conditions by means of a checkbox.


# Services

Before any subscription, you can read the characteristics of our Services on our Platform.\
You acknowledge:

* that you are aware of the characteristics and constraints of our Services, particularly the technical ones,
* that the implementation of the Services requires being connected to the Internet and that the quality of the Services depends on this connection, for which we are not responsible.


# Issuance of Fraktions

The Service offers Fraktions for sale. Every week, the sale price of Fraktion is algorithmically set. To buy a Fraktion, the User must have enough FRK in his/her Wallet. If it is not the case, the User must buy FRK either on a decentralized exchange or through the Service (in exchange for fiducial currency or cryptocurrency). The Service collects a fee from the sale price of the Fraktion automatically at the end of the transaction. The amount of this commission is specified in the FAQ and may be changed at any time by the Service.


# Waiver of the right of withdrawal

You do not have a right of withdrawal if the Services are for the provision of digital content not provided on a physical medium and User has expressly (i) agreed that the Services will commence upon its acceptance of the Terms and Conditions and (ii) waived his right of withdrawal.


# Support

Frak makes the best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in case of scheduled maintenance or in case of force majeure.\
Support is available at this email address: <hello@frak.id>.\
The Service undertakes to respond as quickest as possible, depending on the number of requests in process.


# Liability of the Users

The User guarantees the Service against any breach, exceeding the foreseeable risk, that could result from the use of the Service by a User.\
The User undertakes to use the Service only in accordance with the Terms of Service. It is not authorized to reconstruct the Service, decompile, disassemble or circumvent the technical restrictions it contains, except to the extent that such operations would be permitted by applicable laws. It is also prohibited to lend, rent, lease, resell, transfer or host the Service to or for third parties, unless expressly authorized by the Service.\
User will not misuse the Services for any purpose other than those for which they were designed, including but not limited to:

* engage in any illegal or fraudulent activity,
* undermine public order and morality,
* infringe upon third parties or their rights in any way whatsoever,
* violate a contractual, legislative or regulatory provision,
* to carry out any activity likely to interfere in the computer system of a third party, in particular with a view to violating its integrity or security,
* carry out any maneuvers aimed at promoting your services and/or sites or those of a third party,
* assist or incite a third party to commit one or more of the acts or activities listed above

User also agrees not to:

* copy, modify or misappropriate any of our materials or concepts used by us in connection with the Services
* engage in any conduct that interferes with or hijacks our computer systems or breaches our computer security measures,
* infringe our financial, commercial or moral rights and interests,
* market, transfer or otherwise provide access to the Services, information hosted on the Frak Marketplace or any of Frak property.

User agrees not to distribute any content (this list is not exhaustive):

* infringing public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist),
* infringing the rights of third parties (infringing content, infringing personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
* prejudicial to third parties in any way whatsoever,
* misleading, deceptive or proposing or promoting illicit, fraudulent or deceptive activities,
* harmful to the computer systems of third parties.

The User guarantees the Service against fraudulent, unfair or bad faith use of the service, in particular if this interferes with the use of the service by other Users.\
The Service reserves the right to suspend or delete a User's account in violation of these Terms of Service, without prior notice or compensation.


# Liability of the Service

**Service Content**&#x20;

As a hosting provider, the Service is subject to a limited liability regime as provided by the EU Directive of the 8 june 2000 (2000/31/EC) on E-commerce. Therefore, the Service cannot be held liable for the content released by the Users as well as the contents exchanged between them and gives no guarantee, express or implicit, in this respect. The Service is a third party to Users relationships and thereby excludes any liability in this regard.

**Liability limitation**

Frak acts an intermediary and Frak is a third party in the Creator relationship with the User. The Service undertakes to implement all the necessary means to ensure the best delivery of the services provided. However, the Service can only be bound by an obligation of best endeavor. In the event of failure of the Service, it shall be liable only for direct and reasonably foreseeable damage, unless otherwise provided by law or regulation. Indirect damages that may result from failure or use of the Service are expressly excluded. In any event, the Service may not, unless otherwise provided by law or regulation, be held liable beyond the amounts invoiced to the User by the Service during the last twelves months.

In particular, the Service shall not be held liable for: breakdowns or malfunctions of the services offered that are not the responsibility of the company; data losses of Users not being imputable to it; an unusual or illegal use of the services offered, by a third party or by a User; direct or indirect damage resulting from the use of the Service offered; a malfunction or cyber attack; an adverse event during the auction, both in the course of the process and at the stage of establishing the floor price and the final price ; any case of force majeure, within the meaning of Article 1218 of the French civil code, including a failure of the Blockchain protocol used to run the Service.

Futhermore, Fraktion does not guarantee that the Services:

* subject to constant research to improve performance and progress, will be totally free of errors, defects or faults,
* being standard and not offered according to your own personal constraints, will specifically meet your needs and expectations.

Furthermore, Users are informed that when the value of the Fraktion he/she bought on the Platform is paid in FRK, Frak does not give any guarantee as to the fluctuation and/or depreciation of the value of the Fraktion. Users therefore expressly decline any claim, demand or action related to the fluctuation and/or depreciation of the value of the Fraktion, regardless of the currency or cryptocurrency used.

For all intents and purposes, Collector is reminded that Frak shall not be liable for any loss User may suffer as a result of any failure related to the blockchain.

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# Taxes

Users are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, “ associated with your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any Fraktions).


# Intellectual Property

**Users' content**

The User grants to the Service the right of exploitation, transferable, free of charge, for the whole world on the content he/she produces on the Service. The rights thus granted may be used by the Service for promotion and advertisement of the content, as well as to broadcast on social networks.

**Service Content**

All intellectual property rights on the website content, excluding the Users generated content and the Work, are the Service property. They are provided free of charge within the exclusive framework of the use of the Service. Therefore, any use of these contents without the prior permission of the Service is unlawful.&#x20;

The Service is the service’s database producer. Any unauthorized extraction or reproduction is prohibited. Works are protected by all intellectual property rights. In accordance with the article L111-3 of French Intellectual Property code, the Fraktions does not involve any transfert of the intellectual property which remains the exclusive property of the Creator.<br>

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# Privacy policy

The Service is required to collect some Users’ personal data, by any means and, in particular, during the User account creation. The communication of the personal data requested by the Service by Users is strictly necessary for the services performance. Therefore, its communication is essential for the fulfillment of the parties’ contractual obligations. Consequently, without the requested information communication, the Service will not be able to establish contractual relations with the User.\
Users agree that their personal data will be transmitted by the Service to other Users or, if needed, to their representatives, for the sole purpose of enabling the Service performance and under the provided conditions for herein.\
The personal data collected by the Service shall be stored for the time necessary to fulfill the Parties contractual obligations, subject to the legal obligations of the Service.\
The Service implements appropriate technical and organizational measures to ensure the security of personal data collected from its Users. However, in case of doubt by the User on the security of the protection of his personal data and in particular, on the security of his personal account, the User agrees to expose his situation to the Service as soon as possible.\
\
Users have the right to access, rectify and delete their personal data. Anyone may also, for legitimate reasons, oppose the processing of their data. Users may exercise these rights at any time by sending their request to the following email address: [hello@frak.id.](mailto:hello@frak.id)

#### Google API

The Service's use and transfer of information received from Google APIs to any other app will adhere to [Google API Services User Data Policy](https://developers.google.com/terms/api-services-user-data-policy#additional_requirements_for_specific_api_scopes), including the Limited Use requirements.

#### Youtube API

When Creators connect their Youtube Channel to the FRAK Dashboard, they have to know that they consent to allow Frak to connect to the Youtube API.&#x20;

Frak is requesting the following publicly available data: Name, Profile Picture and Description of the Youtube Channel.

Frak has obtained API key in order to get this information.&#x20;

By using Frak, Creators also agree to the [Frak Term of Services](https://rules.frak.id/), [YouTube Terms of Service](https://www.youtube.com/t/terms) and [Google Privacy Policy](http://www.google.com/policies/privacy).


# Cookies

During the consultation of the Service, cookies may be registered on the User's electronic communications equipment to make the website use easier and to collect statistics relating to attendance and access. Cookies are text files that the website records on the terminal from which it is accessed in order to store various technical data to facilitate the website use and to collect statistical information about its Users. Users are informed beforehand of the store on their terminal information. Users are free to accept or refuse the storage of cookies. Continuing to navigate on the website after having been informed means that the User accepts the data collection.


# Hyperlink

The Service may contain hypertext links redirecting to third party sites. The Service has no control over these sites and declines all responsibility for access, content or use of these sites.


# Applicable Law

This agreement will be governed by and constructed in accordance with the laws of France.


# Amendment

Frak may change the Terms and Conditions at any time and will notify you by any written means (including email) at least 30 calendar days before they come into effect. The modified Terms and Conditions are applicable as soon as they become effective. If User does not agree to these changes, he must unsubscribe from the Services as described. If User uses the Services after our amended Terms and Conditions become effective, Frak will consider User to have accepted them


# Mediation

In the event of a dispute with Frak, the User can have recourse free of charge to the following consumer mediator for an amicable resolution:\
\
Centre de médiation de la consommation de conciliateurs de justice (CM2C)\
Postal address : 14 rue Saint Jean 75017 Paris\
Phone Number : + 33 6 09 20 48 86\
[https://www.cm2c.net](https://www.cm2c.net/)\
If you are a foreign consumer but located in the European Union, you can go to the European platform for the settlement of consumer law disputes accessible here.