These terms govern your use of the Frenby app, provided by the operator named in the Impressum (“we”).
Frenby helps people in the same neighbourhood find each other for shared activities: coffee, a walk, sport, chai. We provide the technical platform for that.
Frenby is expressly not:
Please read our Safety Guide before meeting anyone.
The contract is formed when you create an account. Frenby is currently free. You may end it at any time, without giving reasons, by deleting your account under You → Settings → Delete account. We may terminate on 14 days' notice, or immediately in the event of a serious breach of section 5.
Frenby subscriptions renew automatically at the end of each billing period at the same price and package length, unless cancelled at least 24 hours before renewal in your App Store or Google Play account settings.
Billing. Payment is charged to your store account on confirmation. Yearly plans are billed once per year. Frenby does not process or store your payment details.
Ads and sponsored content. Paid plans remove advertising from your grid. You may still see sponsored content and events from Frenby.
Cancelling. Cancel anytime from your store account. Your plan stays active until the end of the period you already paid for.
The following are prohibited:
Your content stays yours. You grant us a non-exclusive, royalty-free licence, limited to operating Frenby, to store your content, process it technically (for example resizing photos) and display it to the users it is intended for. That licence ends when you delete the content or your account, unless we are legally required to retain it. You confirm that you hold the necessary rights to the content you upload.
You can report content and profiles that breach section 5 directly in the app (on a profile or a chat, use the "⋮" menu → Report), or by emailing report@frenby.com. You can also block another user at any time, in the app or under You → Settings → Blocked frenbies; blocking is mutual: once blocked, neither of you can see the other's profile or send messages. We review reports and may, proportionate to severity: remove content, restrict features, temporarily suspend an account, or close it permanently. We will inform you of any decision affecting you, with reasons, and you may appeal within 14 days (Art. 16, 17 and 20 DSA).
We aim for a reliable service but do not guarantee any particular level of availability. Maintenance, upstream provider outages and ongoing development may cause interruptions or changes to features. Frenby is provided without any assurance as to how many users will be near you.
We are liable without limitation:
For simple negligence we are liable only for breach of a material contractual duty (one whose fulfilment makes performance of the contract possible in the first place), and only up to the foreseeable damage typical for this type of contract. Any further liability is excluded.
We are not responsible for the content, statements or conduct of other users; §§ 7–10 DDG and Art. 6 DSA apply. The same goes for the course and consequences of meetings that users arrange between themselves.
We may change these terms where necessary to reflect changes in law, case law or the development of Frenby, and where doing so does not unreasonably disadvantage you. We will notify you at least 30 days before changes take effect, in the app or by email. If you do not object before they take effect, the changes are deemed accepted; we will point this out separately in the notice. You may terminate at any time.
German law applies. Mandatory consumer-protection provisions of the country where you have your habitual residence remain unaffected. For consumers, the statutory rules on jurisdiction apply.
If any provision is invalid, the remainder stays in force and the statutory rule applies in place of the invalid provision.
Section 11 says German law applies but that the mandatory consumer-protection rules of the country where you habitually live are unaffected. That sentence does real work, and this section sets out what it means in practice in the markets we are asked about most. Where anything below conflicts with an earlier section, the protection that favours you applies.
Section 2 gives the German numbers. Elsewhere: 112 anywhere in the EU; 999 or 112 in the United Kingdom; 911 in the United States and Canada; 000 in Australia, where 112 also works from a mobile. Frenby is not an emergency service in any country.
The consumer-protection rules of your own country apply where they are more favourable than the German ones. The reporting, appeal and notification rights in section 7 come from the Digital Services Act and apply across the EU.
The Consumer Rights Act 2015 requires us to provide the service with reasonable care and skill, and those statutory rights cannot be excluded. Under UK unfair-terms rules a clause purporting to exclude liability for death or personal injury caused by negligence is not binding on you, so section 9 does not operate to that effect.
Some states do not allow the exclusion or limitation of implied warranties, or of incidental or consequential damages, so parts of section 9 may simply not apply to you. To be explicit about two things these terms do not contain: there is no arbitration clause and no class-action waiver. Whatever court remedies your state law gives you, you keep.
Provincial consumer-protection legislation may give you rights that cannot be waived by contract, and where it does, it prevails over section 9.
Quebec. Quebec language legislation can require that consumer contracts and related documents be available in French. Frenby is currently published in German and English only, so this needs to be resolved before the app is promoted in Quebec.
The Australian Consumer Law gives consumer guarantees that cannot be excluded. Nothing in these terms, and in particular nothing in section 9, excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law where it applies to you. If a guarantee applies and we fail to meet it, your rights under that law are unaffected by anything written here.