Terms and Condition
Frent, LLC, a Maine limited liability company (“we”, “us”, or “our”) owns and operates the software application (the “Software”) which provides users with hand recognition technology to identify a suitable gun size for each individual user (the “Services”). The Software and the Services are made available to you only under the following terms of service (the “Terms”).
By accessing or using this Software, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. If you do not agree to these Terms, you should not use or access this Software. We reserve the right to revise these Terms at any time. You are encouraged to review these Terms each time you use the Software because your use of the Software after the posting of changes will constitute your acceptance of the changes. Agreement to these Terms also constitutes your agreement to the Frent Biometric Privacy Policy (the “Privacy Policy”), which is incorporated herein.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
“Biometric Data” is considered any biometric identifiers and biometric information, including a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, regardless of how it is captured, converted, stored, or shared, which is used to identify an individual. In order to provide the Services, we must collect, store, and use Biometric Data. To the extent we collect, capture, or otherwise obtain Biometric Data relating to a user, we will inform the user that we are collecting, capturing, or otherwise obtaining the user’s Biometric Data. We will also inform the user of the storage and transmission of the user’s Biometric Data for the user’s use of the Services. By opting into the use of the Services, you are agreeing to and authorizing our use and transmission of the Biometric Data.
We will not sell, lease, trade, or otherwise profit from user’s Biometric Data, except for the fees collected for use of the Services. We will not disclose or disseminate any Biometric Data to anyone other than the user unless such disclosure is required by state or federal law or municipal ordinance or such disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
We shall retain user’s Biometric Data until the Services are complete or for 1 year following the user’s last interaction with Frent. We will use a reasonable standard of care to store, transmit, and protect from disclosure any paper or electronic biometric data collected.
In order to use our Services, you will have to provide certain personal and financial information as prompted by the Software. You represent and warrant that all required registration information you submit is truthful and accurate. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your information or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Software. We reserve the right, in our sole discretion and without notice to you, to revise the Services available on the Software and to change, suspend, or discontinue any aspect of the Software. We may also impose rules for and 2 limits on use of the Software or restrict your access to part, or all, of the Software without notice or penalty.
We may terminate the Services at any time and such termination shall be effective immediately. You may terminate the Services by providing us with sixty (60) days written notice of intent to terminate. If the termination is due to a material breach by us, you must provide written notice of the breach and allow a thirty (30) day cure period. If the Services are terminated before the end of the then-current term (unless the termination was due to a material breach by Frent), any outstanding and future payments due to us shall become immediately due and payable. If you opted for an annual payment of any fees, no refund will be issued in the event of early termination.
The information contained in the Software is provided for informational purposes only. We cannot guarantee the accuracy of the recommendations provided by the Software.
THE SOFTWARE, ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES RELATED TO THE FOREGOING, AND THE SERVICES RECEIVED BY YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS FREE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SOFTWARE OR SERVICES, AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SOFTWARE OR SERVICES.
USE OF OUR SOFTWARE AND/OR THE SERVICES RECEIVED BY YOU ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SOFTWARE, OR THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SOFTWARE, OR THE SERVICES EXCEED THE GREATER OF FIFTY DOLLARS (U.S. $50.00) OR THE AMOUNTS YOU HAVE PAID TO Frent IN THE PRIOR SIX (6) MONTHS HEREUNDER. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SOFTWARE AND THE SERVICES TO YOU, AND WE WOULD NOT PROVIDE THE SOFTWARE OR SERVICES TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND Frent, ITS SUBSIDIARIES, DIVISIONS, AND AFFILIATES, AND THEIR 3 RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES OF DEFENSE, INCLUDING ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR ILLEGAL USE OF THE SOFTWARE, YOUR VIOLATION OF THESE TERMS OR THE PRIVACY POLICY, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
These Terms will be governed by the laws of the State of Maine without giving effect to any conflict of law principles that may require the application of the law of another jurisdiction.
Any dispute relating in any way to your visit to or use of the Software, to the Services provided through the Software, or to your relationship with us will be submitted to confidential arbitration in Maine. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Maine. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of this Software or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
We may change these Terms from time to time. Any such changes will become effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes. These changes will be effective immediately for new users of our Software or Services. If you object to any such changes, your sole recourse will be to cease using the Software and the Services. Continued use of the Software or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
The failure of us to, partially or fully, exercise any rights or the waiver of any breach of these Terms by you will not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of us under these Terms and any other applicable agreement between you and us will be cumulative, and the exercise of any such right or remedy will not limit our right to exercise any other right or remedy.
If any provision or portion thereof of these Terms or its application in a particular circumstance is held to be invalid or unenforceable to any extent in any jurisdiction, such provision or portion thereof will, as to such jurisdiction only, be ineffective to the extent of such unenforceability, all other provisions, and portions thereof of these Terms will not be affected thereby and will be valid and enforced to the fullest extent permitted by law.
These Terms contain the final and entire agreement of the Parties and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding the Term’s subject matter.
Contact Us. Please send your feedback, comments, and requests for technical support by email at: support@Frent.ai
Last updated: Jan 16, 2024