Terms of service

These Terms of service are effective as of December 4, 2024.
Welcome to it's a hard frogg's life! These Terms of Use (“Terms”) apply to your (“you” or “your”) use of it's a hard frogg's life's crochet pattern editor platform (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and the it's a hard frogg's life contracting entity identified in these Terms (“Owner” or "we", "us"). Crochet Patterns created within the Service will from hereon be referred to as "User Content".
Table of Contents

    1. Overview

    a. Using it's a hard frogg's life

    it's a hard frogg's life is an online crochet pattern editor platform that empowers people to write down crochet patterns in a uniform way, further enabling them to export said patterns to multiple different output formats and localizations while undergoing a formal validation. This helps crochet pattern designers to spend less time on the formal parts of crochet patterns, as those aspect are aided with by it's a hard frogg's life.
    The Service is made available on hardfroggslife.com. Your use of the Service is subject to these Terms and by using the Service you acknowledge and agree to it's a hard frogg's life's Privacy Policy.
    You may use the Service only if you can form a binding contract with it's a hard frogg's life and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.

    2. Using the Service

    a. Age Requirement

    Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).

    b. Access to the Service

    Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. it's a hard frogg's life reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code.

    c. Anti-discrimination

    it's a hard frogg's life does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.

    d. Restrictions on Use of the Service

    You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.

    3. Security and Data Privacy

    a. Information Security

    it's a hard frogg's life implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure.

    b. Data Privacy

    it's a hard frogg's life's Privacy Policy describes how we collect, use, transfer, disclose and store your personal data.

    4. Content and Designs

    a. User Content

    You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and it's a hard frogg's life, you own all right, title and interest in and to your User Content. You grant it's a hard frogg's life a royalty-free and sublicensable license to display, host, copy, store and use your User Content solely to the extent necessary to provide the Service to you.
    You agree that if you opt-in to do so via the privacy settings within your account settings, it's a hard frogg's life, its affiliates, and its third party service providers that enable functionality within the Service may use your User Content to develop, improve, and provide the AI products and services, including through the use of machine learning technologies.

    b. Sharing and Publishing Your Designs

    You may publish or share Designs with others within the Service, via a Third Party Service, or via a link. it's a hard frogg's life maintains no responsibility in relation to such sharing of Designs and it's a hard frogg's life’s enablement of such activity or the Service’s performance of actions to publicly share Designs at your instruction shall not be considered a violation of any of it's a hard frogg's life’s obligations under these Terms.

    5. it's a hard frogg's life’s Intellectual Property

    Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of it's a hard frogg's life. You assign toit's a hard frogg's life any suggestions, ideas, enhancement requests, or other feedback you provide to it's a hard frogg's life relating to the Service or it's a hard frogg's life’s products. it's a hard frogg's life owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.

    6. Warranty Disclaimer

    The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law,it's a hard frogg's life, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.it's a hard frogg's life does not warrant that your use of the Service will be uninterrupted or error-free. it's a hard frogg's life does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks thatit's a hard frogg's life does not own, operate, or control, and that it's a hard frogg's life is not responsible for any of your data lost, altered, intercepted or stored across such networks. it's a hard frogg's life will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside it's a hard frogg's life’s reasonable control.

    7. Third Party Services

    You may elect to use the Service in conjunction with third-party websites, platforms or apps . Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. it's a hard frogg's life makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.

    8. Your Indemnity Obligations

    You agree, to the extent permitted by law, to defend, indemnify and hold harmless it's a hard frogg's life and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.

    9. Limitation of Liability

    In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 USD or (ii) the subscription fees paid by you to it's a hard frogg's life during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
    In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
    it's a hard frogg's life is not responsible for, and assumes no liability for, the contents of User Content.
    These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.

    10. Term and Termination

    a. Term

    These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using it's a hard frogg's life’s free offering, when your account is deleted or terminated.

    b. Violations

    If it's a hard frogg's life, in its reasonable discretion, determines that you or your use of the Service, your User Content violate these Terms, the Section entitled ‘Restrictions on Use of the Service,” or the Section entitled “Anti-discrimination,” (any of which is considered a “Violation”) it's a hard frogg's life may take one or more of the following actions: (i) delete the prohibited User Content or Designs; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Designs and User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content or Designs to appropriate government authorities.

    c. Effect of Termination

    In the event of termination of your subscription for cause due to default byit's a hard frogg's life, it's a hard frogg's life shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.
    Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to all your User Content and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. If your account has been terminated due to a Violation, you may not create a new account on any it's a hard frogg's life Service unless you receiveit's a hard frogg's life’s written permission.

    d. Survival of Terms

    Sections titled “Term and Termination,” “Billing,” “it's a hard frogg's life’s Intellectual Property,” “Limitation of Liability,” “Indemnification,”and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.

    11. Miscellaneous

    a. Compliance with Applicable Law

    You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. it's a hard frogg's life agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.

    b. Governing Law and Venue

    These Terms will be governed by and construed in accordance with the laws of the State of Austria, without regard to any conflict of laws provisions.

    c. Export Restrictions

    The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit it's a hard frogg's life from providing you the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.

    d. Dispute Resolution

    If you have a dispute arising out of these Terms, contact us here first and we’ll attempt to work with you to resolve the dispute. In the event that we’re unable to resolve a dispute directly, you and it's a hard frogg's life each agree to resolve any claim, dispute, or controversy (excluding any it's a hard frogg's life claims for injunctive or other equitable relief) arising out of or in connection with these Terms and/or the Service (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. The arbitration will be conducted through videoconferencing or at an agreed location reasonably convenient to both parties. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator or a court may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and it's a hard frogg's life are each waiving the right to a trial by jury or to participate in a class action. You andit's a hard frogg's life each agree that any Claim will be filed with a court in the State of Austria.

    e. it's a hard frogg's life Contracting Entity

    The it's a hard frogg's life entity entering into these Terms is Philipp Seifert-Kehrer.

    f. Assignment

    You may not assign these Terms or any of your rights under these Terms without it's a hard frogg's life’s consent except to any successor by way of a merger, acquisition, or change of control. it's a hard frogg's life may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.

    g. Headings

    Headings used in these Terms are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.

    h. Severability

    If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.

    i. Waiver

    it's a hard frogg's life’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affectit's a hard frogg's life’s ability to enforce any provision thereafter.

    j. Notices

    All required notices to you will be sent to the email address associated with your account or through other legally permissible means.

    k. DMCA

    We respect the intellectual property rights of artists and content owners. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

    l. Changes to these Terms

    We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on hardfroggslife.com. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.

    m. Changes to the Service

    it's a hard frogg's life may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and it's a hard frogg's life discontinues the Service you are using during your subscription, it's a hard frogg's life will migrate or make available to you a substantially similar service provided byit's a hard frogg's life(if available) and if it’s unable to do so, it's a hard frogg's life will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.

    n. Entire Agreement

    These Terms and the terms and policies referenced herein constitute the entire agreement between you and it's a hard frogg's life with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and it's a hard frogg's life, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.