Terms of Service
1. Contractual Agreement and Acceptance
These Terms of Service ("Terms") constitute a legally binding contractual agreement between You ("User", "Consumer") and FRAYNE LABS LTD ("We", "Us", "Our"), governing Your access to and use of the Frayne mobile application, associated web interfaces, routing APIs, and backend services (collectively, the "Service"). By creating an account, downloading the application, or actively accessing the Service, You affirmatively agree to be bound by these Terms. If You do not agree to these Terms, You must immediately cease utilizing the Service.
2. Provision of Digital Content (UK Consumer Rights Act 2015)
If You are a consumer residing in the United Kingdom, Your strict statutory rights under the Consumer Rights Act 2015 (CRA) apply to Your use of the Service. We guarantee that the digital content provided via the Service will be of satisfactory quality, fit for its intended basic navigational purpose, and substantially match the material descriptions provided in Our marketing collateral and application store listings.
- Service Limitations and Reality Discrepancies: You explicitly acknowledge that the Service utilizes complex algorithmic routing and third-party open-source data repositories (including OpenStreetMap). Topographical realities, traffic patterns, and pedestrian access rights change rapidly and without notice to Us. We cannot guarantee that all proposed routes are entirely free of physical obstructions, temporary closures, ongoing construction, or terrain discrepancies.
- AI-Generated Content Disclaimer and Liability Gap Mitigation: Descriptive texts, historical summaries, and "scenic ratings" regarding Points of Interest (POIs) are synthesized dynamically utilizing third-party generative artificial intelligence (Google Gemini). While We strive for narrative accuracy, this specific data is provided for informational and entertainment purposes only. It should absolutely not be relied upon as factual historical record, safety documentation, or legal access permission. We explicitly disclaim liability for any inaccuracies generated by these algorithmic language models.
3. Subscriptions, Auto-Renewals, and Store Platform Billing
The Service offers optional auto-renewing premium subscriptions (such as Monthly and Yearly Frayne Premium plans, collectively "Paid Services"). All Paid Services are purchased and administered exclusively through the mobile application store from which You downloaded the App (Google Play Store or Apple App Store), with cross-platform entitlement state synchronized via RevenueCat:
- Transparency and Upfront Pricing: All subscription fees, billing intervals, and applicable statutory taxes are displayed prominently in Your local currency on the native store purchase sheet prior to confirmation, in compliance with the Digital Markets, Competition and Consumers Act 2024 (DMCC). FRAYNE LABS LTD never collects or stores Your payment card details.
- Auto-Renewal and Store Notifications: Subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless canceled at least twenty-four (24) hours prior to the renewal date. Pre-renewal reminder communications and billing receipts are dispatched directly by Your store platform provider (Apple or Google) in accordance with their merchant-of-record billing procedures.
- Frictionless Cancellation: You may manage or cancel Your subscription at any time through Your device's native subscription settings (Apple ID Subscriptions on iOS or Google Play Subscriptions on Android). Upon cancellation, You retain full access to Frayne Premium features until the conclusion of Your current paid billing period.
- Statutory Cooling-Off Rights and Refunds: Refund requests and statutory consumer cooling-off rights under the UK Consumer Rights Act 2015 and the DMCC Act 2024 are administered directly by Apple or Google in accordance with their respective store refund policies and mandatory applicable consumer law.
4. Assumption of Risk and Acceptable User Conduct
The Service is designed to suggest scenic and efficient pedestrian or vehicular routing. However, Your real-world safety, situational awareness, and legal compliance remain Your absolute, non-delegable responsibility.
- Situational Awareness and Trespass: You agree to maintain strict visual and auditory situational awareness of Your physical surroundings, prevailing weather conditions, traffic laws, and private property boundaries while utilizing the Service. The Service does not grant You permission to trespass on private or restricted land.
- Prohibition of Algorithmic Misuse: You shall not reverse-engineer the routing algorithms, scrape database contents utilizing automated scripts, transmit malicious payloads to the API, or utilize the Service to facilitate, plan, or execute any unlawful activity.
- Unilateral Account Termination: We reserve the right to immediately suspend or permanently terminate Your access to the Service, without prior notice or financial liability, if We possess reasonable, data-driven grounds to suspect a material breach of these Acceptable Use provisions.
5. Limitation of Liability and Indemnification
To the maximum extent permitted by applicable law, We shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including loss of profits, data, or goodwill—arising out of Your use of, or inability to use, the Service.
- Physical Injury and Property Damage Carve-Out: We explicitly and categorically disclaim all liability for any physical injury, death, or property damage sustained while navigating a route generated by the Service. The routing geometries presented on Your device are algorithmic suggestions, not infallible directives overriding common sense or real-world hazards.
- Statutory Preservation: Nothing in these Terms seeks to unlawfully exclude or limit Our liability for death or personal injury caused directly by Our proven legal negligence, intentional fraud, or any other liability that cannot be lawfully excluded or limited under the Consumer Rights Act 2015.
6. Intellectual Property Rights
All proprietary algorithms, source code, user interface designs, logos, text, and branding associated with the Service are the exclusive intellectual property of FRAYNE LABS LTD and are protected by UK and international copyright laws. You are granted a limited, non-exclusive, non-transferable, revocable license strictly for the personal, non-commercial utilization of the Service on supported devices.
7. Dispute Resolution, Governing Law, and Mandatory Arbitration
7.1 Jurisdictional Governance for UK and EU Residents:
If You reside in the United Kingdom or the European Union, these Terms are governed by and construed strictly in accordance with the laws of England and Wales. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
7.2 Mandatory Binding Arbitration for US and Rest of World Residents:
If You reside in the United States or any jurisdiction outside the UK/EU, any claim, dispute, or controversy arising out of or relating to these Terms, the breach thereof, or the provision of the Service shall be resolved by final and binding individual arbitration.
- Arbitration Rules and Administration: The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.
- Virtual Hearings Default Mechanism: In strict adherence to the AAA updated procedural guidelines for modern dispute resolution, all arbitration proceedings, including preliminary conferences and evidentiary hearings, shall be conducted exclusively by virtual means (videoconference or teleconference). In-person hearings are expressly waived unless both You and We mutually petition the arbitrator, and the arbitrator determines that an in-person hearing is an absolute legal necessity.
- Class Action and Representative Waiver: You and We agree that any arbitration or legal proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator possesses no authority to consolidate more than one person's claims or preside over any form of representative proceeding.
8. Corporate Information
FRAYNE LABS LTD is a company registered in England and Wales.
Company Registration Number: 17405284
Registered Office: 5 Oakland Avenue, Cheltenham, GL52 3EP, United Kingdom.