Terms & Conditions

Applicability

These general terms and conditions (the “Terms”) apply to every offer made by Applebeam Technology doing business as (“FroggyTalk”) and to every contract that has been realized between FroggyTalk and a user (the “User”) using the mobile application FroggyTalk (the “Software”), purchasing FroggyTalk Call Credits or Vouchers (the “Products”) or with regard to the mobile services provided by FroggyTalk (the “Services”). These services only include charged calls and free directory listings.

FroggyTalk may make changes to these Terms from time to time. FroggyTalk will publish the changes at www.FroggyTalk.com/terms-and-conditions. Changes to these Terms will be effective when published. We recommend reviewing the Terms on a regular basis.

By accepting our Terms and conditions, you also accept our privacy policy as published at www.FroggyTalk.com/privacy. Changes to this privacy policy will be effective when published. We recommend reviewing the privacy policy on a regular basis. Our privacy spolicy is in line with the General Data Protection Regulation (GDPR) act which came into effect in the European Economic Area from May 2018.

If you do not agree to the Terms of Service, you may not activate or use the Services nor Software. Once accepted the Terms of Service constitute a binding agreement between you and FroggyTalk. In addition, by downloading the App from Appstore you agree to the applicable terms of the license of Apple which are binding to you.

Identity of FroggyTalk

Name: Applebeam Technology

Registered address: Professor van Benedenstraat, 3D, 6224AM, Maastricht, Netherlands

Email address: support@FroggyTalk.com

Chamber of Commerce number: 90386183

The Offer and Contractual relationship

If an offer of FroggyTalk is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

The offer contains a complete and accurate description of the Services being offered. The description is sufficiently detailed to enable the User to make a proper assessment of the offer. FroggyTalk is not bound by obvious errors or mistakes in the offer.

Every offer contains information that makes it clear to the User what rights and obligations are related to the acceptance of the offer.

The contractual relationship between FroggyTalk and the User with respect to the purchase of Call Credit (see Clause 5) is subject to that which is stipulated in the offer, at the moment at which the User accepts the offer and the conditions thereby stipulated have been fulfilled. Upon the successful purchase of Call Credit, FroggyTalk will immediately increase the User’s Call Credit balance.

Neither FroggyTalk nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website and in the Software for any particular purpose. Any such information and materials may contain inaccuracies or errors for which cannot be claimed by FroggyTalk. FroggyTalk excludes liability for any such inaccuracies or errors in any of such information and materials provided by FroggyTalk’s or its third-party Resellers to the fullest extent permitted by law.

The Services

FroggyTalk makes available to the User the FroggyTalk App also known as “Software”. The Software is required for the User to make use of the Services. Additional terms and conditions may apply in order for the User to download the Software. In order to use the Software and the Services, the User will need an internet broadband connection (Wi-Fi or mobile data communication). Additional charges from an internet service provider or telecommunication provide may apply for the use of an internet broadband connection.

FroggyTalk may from time to time provide updates to the Software or may change the Services at any time. The User may be required to update the Software in order to continue using the Software and the Services.

The Services does not include support to call emergency telephone numbers (such as: 112, 911 or ambulance/doctor telephones). The service might support calls to premium- and/or service numbers in some countries at a premium rate that is communicated on its website.

The User shall use the Software and the Services in accordance with the laws of the Kingdom of Netherlands and the laws of the country where the User is located. The User is under no conditions authorized to: use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software or the Services; send unsolicited communications; and/or impact or attempt to impact the availability of the Software or the Services.

In order to protect the interests of the customer against improper use and to ensure consumer protection, FroggyTalk reserves the right to block calls to individual numbers, groups of numbers or certain countries temporarily or permanently.

Call Credit

In order to make use of the Services, the User is required to purchase call credit from FroggyTalk (“Call Credit”). The User is not entitled to any interest on the purchased Call Credit.

FroggyTalk may provide to the User bonus and/or trial call minutes. Bonus and/or trial call minutes are valid for a limited period of time (listed in the offer) and are subject to a fair use policy.

FroggyTalk makes available to the User various payment methods for the purchase of Call Credit. FroggyTalk may from time to time change the various payment methods. Additional terms and conditions may apply by using the available payment methods.

Any purchased Call Credit may expire after a duration as set by FroggyTalk, unless the User has purchased any additional Call Credit within the aforementioned period. FroggyTalk will inform the User at least seven (7) days prior to the expiration date of any Call Credit.

In an event where the User has reason to request for a refund of unused Call Credit, the user can reach out to Froggy through the Live chat on the mobile App with their registered number and make such a request.

Any payment form will be subject to the relevant terms and conditions of FroggyTalk’s payment service provider.

Prices

The standard rates for the Services are listed on FroggyTalk’s website and in the Software. These standard rates apply, unless agreed otherwise in writing. The standard rates are including VAT, if applicable.

FroggyTalk may change the standard rates for the Services at any time without pre-notification to the User by publishing such change on the FroggyTalk website and in the Software. The new standard rates will apply after the new standard rates have been published.

FroggyTalk will charge a connection fee (charged once, per call) and a per-minute rate. The applicable connection fee is listed on the FroggyTalk website. The duration of a call shall be based on one-minute increments. Fractions of minutes may be rounded up to the next minute.

Right of withdrawal

The User, whose actions are not carried out for objectives relating to the course of a trade, a profession or a business, has the right to dissolve the contract with FroggyTalk, without giving reasons during a period of fourteen days after the day the contract with FroggyTalk was concluded. The right of withdrawal is not available to the User after the full completion of the services by FroggyTalk.

The User who wants to exercise his right of withdrawal shall report this to FroggyTalk, within the period of fourteen days after the day the contract was concluded, by means of sending an email to support@FroggyTalk.com with the following details: “date the call credits were purchased”, “used payment method”, “mobile number / Account ID” and “name and address”.

The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the User.

If the User is refunded purchased credits, the balance outstanding will be deducted from the account of the User.

If the User exercises his right of withdrawal, the User shall owe FroggyTalk a sum of money that is equivalent to that proportion of the contract that FroggyTalk has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.

No refunds shall be given for any promotional amounts and/or bonus credits given by FroggyTalk.

Repetitive refund requests from the same user would be refused.

FroggyTalk will reimburse the User within 14 days after the day on which the User reported the withdrawal with all payments. For any reimbursement, FroggyTalk will use the same payment method that was initially used by the User, unless the User agrees to another payment method.

Contract fulfilment and guarantees

FroggyTalk guarantees the best availability of the service and, in the event of breakdowns, that these will be rectified as quickly as possible, in order to fulfil the contract and the specifications stated in the offer.

FroggyTalk aims to provide the User a trouble-free mobile telecommunication services through an internet broadband connection. The User is aware that an internet broadband connection is not universally available. FroggyTalk cannot guarantee that the Software and the Services will always function without disruptions, delay or errors. Various factors outside the control of FroggyTalk may impact the quality of the connection and the use of the Software and Services. FroggyTalk is not responsible nor liable for any disruption, interruption or delay of the Services.

The User who has discovered shortcomings in the Software and/or the Services can submit any complaints to FroggyTalk, in full and with clear descriptions. A reply to complaints submitted to FroggyTalk will be provided within a 3 working days period, calculated from the date of receipt of the complaint.

Deactivation

If the Users do not fulfil its obligations towards FroggyTalk, is in breach of these Terms and/or in the event of fraud or suspected fraud, FroggyTalk is entitled to (temporarily) deactivate the User’s account.

After deactivation of the User’s account, the User is not allowed to use the Software or the Services. FroggyTalk shall have no obligation to provide the Services towards the User. In the event that the User’s account is deactivated, FroggyTalk shall inform the User as soon as reasonably possible. The User is not entitled to any compensation after the deactivation of its account.

At the sole discretion of FroggyTalk, FroggyTalk may reactivate the User’s account and FroggyTalk shall make the Services available to the User. FroggyTalk may charge the User with a reactivation fee.

Liability and indemnification

FroggyTalk, to the extent legally permitted, is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of the User’s use of, or inability to use the Software and/or the Services.

If FroggyTalk is found to be liable for whatever reason, FroggyTalk’s liability to the User or any third party is limited to the greater of (a) the total fees the User has paid to FroggyTalk in the six (6) months prior to the action giving rise to liability, or (b) EUR 25.

Notwithstanding anything to the contrary in these Terms, the limitation of liability set forth in paragraphs above shall not apply to any claim for which liability cannot be limited under applicable law.

The User agrees to indemnify and hold harmless FroggyTalk and its affiliates, and each of their respective, directors, shareholders and employees from and against any and all claims, losses and/or damages arising from or relating to (i) the User’s breach of any of these Terms; (ii) the User’s breach of any applicable law of regulation or (iii) the User’s use of any Software and/or the Services.

The User shall notify FroggyTalk of any (potential) claim in writing as soon as possible after the damage is discovered or could have reasonably been discovered.

Personal data

FroggyTalk shall only process the personal data (including data regarding the use of the Services) obtained from the Users for the provision of the Services. Users personal data shall be uploaded onto FroggyTalk server. FroggyTalk shall refrain from using the (personal) data for any other purpose than the provision of the Services.

FroggyTalk shall process any personal data in accordance with the General Data Protection Regulation (GDPR). Any personal data obtained by FroggyTalk shall not be kept for a period longer than is necessary for achieving the purposes for which the personal data were collected or subsequently processed. Call detail records (CDR’s) of a user will be saved for a period of 12 months to support questions from customers about their historic FroggyTalk call and payment history.

FroggyTalk will take suitable technical and organizational measures to secure the electronic transfer of any personal data and FroggyTalk will ensure a safe web environment.

Except as provided below, FroggyTalk will not sell, rent, trade or otherwise transfer any personal data outside of FroggyTalk without the User’s explicit permission, unless it is obliged to do so under applicable laws or by order of any competent authority.

Further details on personal data are published at www.FroggyTalk.com/privacy. Changes to this Privacy Statement will be effective when published. We recommend reviewing the Privacy Statement on a regular basis

Intellectual property rights

The Software contains proprietary and confidential information that is protected by intellectual property rights owned by or licensed to FroggyTalk. FroggyTalk and/or its licensors retain exclusive ownership of the Software and all intellectual property.

The User is not allowed to use the (source code of the) Software for any other purpose than making use of the Services. The User shall not make any changes to the Software, decompile the Software and/or manipulate the Software. In the event of any unauthorized use of the Software by the User, the User shall be liable for all damages suffered by FroggyTalk.

FroggyTalk is a registered trademark of Applebeam Technology. FroggyTalk has registered its trademarks in various countries worldwide. Without the prior written consent of FroggyTalk, the User is not authorized to use FroggyTalk’s trademarks and/or trade names.

Final Provisions

The rights and obligations of the User under the contract with FroggyTalk cannot be assigned or transferred except with the prior written approval of FroggyTalk. FroggyTalk shall at any time be entitled to assign its rights and obligations under this Agreement to a third party.

All contracts entered into between FroggyTalk and the User are governed by Dutch law.

Any dispute between FroggyTalk and the User shall in first instance exclusively be submitted to the competent courts in the kingdom of Netherlands, unless another court is competent by virtue of mandatory law.