Fretzel offers a solution for parents to coach their kids on how to behave in the digital world. Unlike other communication solutions on the market, Fretzel's patent-pending technology was built from the ground up for kids and their parents.
Fretzel includes built-in parental controls to ensure kids have fun in a safe environment while their parents sleep well at night knowing they are raising digitally conscious kids. Education in these formative years can go a long way towards cyberbullying awareness and prevention as our kids transition into more unstructured and unsupervised forums.
As kids begin their transition into using technology to communicate, it is so important that we as parents help guide and teach them how to be responsible digital citizens. We created Fretzel to provide a safe and fun environment for kids to learn with the appropriate parental governance.Andy Rachmiel, Founder and Dad
Welcome to FRETZEL! Fretzel is a safe social platform designed for kids and governed by parents. We provide Safe Social for Kids, and confidence for parents, in the digital age.
2. Information We Collect and How We Use It.
In connection with the use of the Fretzel Services, children can, and may be required to, register with our websites and mobile applications. Such registration, however, is not necessarily required prior to exploring certain areas and content on our websites and mobile applications. During the registration process, we may ask the child to provide certain information for notification and security purposes, including the child’s first name and a parent or guardian’s email address, as well as a username and password to establish the child ’s profile. We may also ask for birth dates to verify the age of the child. We strongly advise that children never provide any personal information in their usernames. Please note that children are not required to provide any personal information, but certain features of the Fretzel Services, such as the Fretzel messaging feature ("Fretzel Messaging"), cannot function without it. Accordingly, children that do not provide the requested information may not have access to certain features of the Fretzel Services.
Consistent with the requirements of COPPA, prior to collecting any personal information from a child, we will ask for a parent or guardian’s email address to obtain parental consent. The only exception to this practice is the request of the child’s first name, username, and password, which are required to register with the Fretzel Services and the mobile application and to participate in Fretzel Messaging. Children will not be able to participate in Fretzel Messaging until we have received consent from the child’s parent or legal guardian. If you believe that your child is participating in an activity that collects personal information and you have not provided us with your consent to such participation, please feel free to contact us at privacy@Fretzelapp.com. We will not use the parent’s email address provided for consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.
B. Content Generated by a Child and Messaging.
Certain activities offered by the Fretzel Services, including Fretzel Messaging, permit children to create or manipulate content, including pictures or videos of a child, which may be shared to other users. Fretzel Messaging will also permit children to directly communicate with one or more other registered users of the Fretzel Services for whom we have received parental consent. We will not provide monitoring or pre-screening services prior to the child’s insertion of personal information into such content. Accordingly, we will require parental consent prior to any child’s use of the Fretzel Messaging.
We may, however, use software that monitors all conversations within Fretzel Messaging for inappropriate words and phrases, such as profane language, and notifies via email, text messaging or another method of communication the parent of a child if content created by, or sent to, such child contained such information. A parent will also have the ability to create alerts for certain words or phrases, which will notify the parent each time the their child creates any content containing those words or phrases (including name, address, or other personal information of a child) and permit the adult to edit or delete such information.
We strongly encourage parents and children using the Fretzel Services and Fretzel Messaging never to disclose personal information about themselves or a third party. We also recommend that parents closely monitor their children’s use of the Fretzel Services and Fretzel Messaging.
C. Email Contact with Children.
On occasion, in order to respond to a question or request from a child, we may request a child’s online contact information, such as an email address. Following our response to the question or request from the child, we will immediately remove this information from our records.
D. Third Parties and Disclosure.
We do not permit children to publicly post any personal information (such as through social media sites or email messaging) through the Fretzel Services or the mobile app. Children, however, may take and share screen shots of their activities or otherwise discuss their participation in the Fretzel Services or Fretzel Messaging through social media apps or email messages.
We may also disclose personal information of children using the Fretzel Services to third parties under limited circumstances, including the following:
3. Parental Consent and Contact Information.
A parent may use any of the methods described below if the parent wishes to obtain access, edit, or delete the personal information that we have collected from the parent’s child, or to opt out of any future email contact that we may have with the parent’s child:
Parents may also contact us by mail at:
Fretzel LLC 7144 N Harlem Ave Suite 198 Chicago, IL 60631-1005
The Fretzel Services are operated using servers and transmission infrastructure owned and operated by third parties and data is not necessarily encrypted in transit or at rest. Although we use industry standard precautions to protect any and all information we collect from children, we cannot guarantee that such information will not be subject to such a security breach. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
6. Children’Online Privacy Protection Act (COPPA) Privacy Notice
We received your email address in connection with your child's registration of a username and password with the Fretzel Services, which is required to participate in certain features of the Fretzel Services, including Fretzel Messaging. Your child will not be able to provide, and we will not collect, any additional personal information through the Fretzel Services unless and until we have received your consent, as provided in this notice.
Once you provide your consent to your child’s use of the Fretzel Services, which consent may be revoked at any time, we may collect, use, or disclose certain personal information from your child, as described below:
Fretzel LLC 7144 N Harlem Ave Suite 198 Chicago, IL 60631-1005
Welcome to FRETZEL! Fretzel is a safe social platform designed for kids and governed by parents. We provide Safe Social for Kids, and confidence for parents, in the digital age.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE FRETZEL SERVICES. ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
USER GENERATED CONTENT
The Fretzel Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, or other content ("User Generated Content"), which may be accessible and viewable by other uses of the Fretzel Services with whom you have given approval to communicate. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, distribute, redistribute, copy, index, adapt, translate, create derivative works based upon, make available and otherwise exploit such User Generated Content as necessary to provide the features and functionality available to you via the Fretzel Services.
Important examples of our current and intended uses of your User Generated Content include permitting communication among Fretzel users who have approval to communicate using the Fretzel Services, and storing and retrieving information regarding Your Children’s use of the Fretzel Services, including usage logs, chat transcripts and audio and video recordings and making it available to you as parent or legal guardian, as well as to the parent or legal guardian of any minor child with whom Your Children communicate using the Fretzel Services.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms.
You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Fretzel Services, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Fretzel Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright.
PASSWORDS AND SECURITY
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the Fretzel Services. The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
The Fretzel Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Fretzel Services are owned by us or our licensors or licensees. We retain full and complete ownership of the Fretzel Services.
If a Fretzel Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
No element of the Fretzel Services may be used or exploited in any way other than as part of the Fretzel Services offered to you. You may not decompile, reverse engineer, disassemble or otherwise reduce any Fretzel Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Fretzel Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Fretzel Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Fretzel Services, you agree that your access to and use of the services, content or software will comply with those requirements. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Fretzel Service or connected network, or interfere with any person or entity’s use or enjoyment of any Fretzel Service. Additionally, you agree not to access, monitor or copy any element of the Fretzel Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
If you access a Fretzel Service using an Apple iOS, Android or Microsoft Windows-powered device from Apple Inc., Google, Inc. or Microsoft Corporation, respectively, they are a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Fretzel Services. You agree that your access to the Fretzel Services using these devices also will be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the Fretzel Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Fretzel Services may be prohibited or restricted by your network provider and not all Fretzel Services may work with your network provider or device.
SUBMISSIONS AND UNSOLICITED IDEAS
In connection with anything you submit to us, such as product feedback and suggestions, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent, as follows:
Provider Legal Name: Fretzel LLC Agent to receive notification of claimed infringement: David R. Brown Agent’s Address: 70 W. Madison St., Suite 3500, Chicago, IL 60602 Telephone / facsimile / email: 312-977-4400 / 312-977-4405 / email@example.com
We are only able to accept notices in the languages into which these terms are made available by us. We will respond expeditiously to claims of copyright infringement committed using the Fretzel Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 ("DMCA") or, as applicable, other laws. With respect to Fretzel Services hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE FRETZEL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE FRETZEL SERVICES INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE FRETZEL SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT ERROR. WE ARE NOT LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00). THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
CHOICE OF LAW AND FORUM
These terms are governed by and construed in accordance with the laws of the State of Illinois and the laws of the United States, without giving effect to any conflict of law principles. Subject to the mandatory arbitration provisions of these terms, you agree that any action at law or in equity arising out of or relating to these terms or the Fretzel Services must be filed, and that venue properly lies, only in the state or federal courts located in Chicago, Illinois, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
You and Fretzel agree to arbitrate all disputes between you and Fretzel or its affiliates, except disputes relating to the enforcement of Fretzel or its affiliates’ intellectual property rights. "Dispute" includes any dispute, action or other controversy between you and us concerning the Fretzel Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. In the event of a dispute, you or Fretzel must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to us at 70 W. Madison St., Suite 3500, Chicago, IL 60602, Attention: Fretzel Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Fretzel will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. If you and Fretzel do not resolve a dispute by informal negotiation or in small claims court, the dispute will be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Fretzel will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $100.00, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration will be initiated in Chicago, Illinois, United States of America, and you and Fretzel agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
WAIVER OF CLASS ACTION
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Fretzel will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any provision of these terms is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. The provisions of these terms which by their nature should survive the termination of these terms will survive such termination. No waiver of any provision of these terms by us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms will not constitute a waiver of such right or provision.
Thank you for joining the Fretzel family! Fretzel is a safe social platform designed for kids and governed by parents. We provide Safe Social for Kids, and confidence for parents, in the digital age.