These Terms and Conditions of Framework apply to:

• the use of the Framework Website located at https://frame.work and linked pages (e.g. https://community.frame.work, https://knowledgebase.frame.work) and,

• any other related Agreement or legal relationship with Framework in a legally binding way.

Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully. By using the site, you agree to these terms and conditions. Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

This Website is owned and provided by: 

Framework Computer Inc

447 Sutter St

PMB 135

San Francisco, CA, 94108-4618

United States

Email: [email protected]

Tel: +1 (415) 475-3769

Managing Director: Nirav Patel

Owner contact email: [email protected]

The Website is operated by:

Framework Computer B.V.

Flight Forum 40 Ground Floor

5657 DB Eindhoven

The Netherlands

Email: [email protected]

Tel: +1 (415) 475-3769

Managing Director: Nirav Patel

VAT number: NL864030204B01

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Article 1. Definitions and legal references

This Website (or this Application)

The property that enables the provision of the Service. 

Agreement

Any legally binding or contractual relationship between Framework Computer Inc or its Affiliates and the User, governed by these Terms.

European (or Europe)

This applies where a User, regardless of nationality, is in the EU.

Framework (or We)

Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.

Product

A good or service available for purchase through this Website, such as physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.

Service

The Service is referred to as the use of the Website and all services provided on the Website (e.g. account registration, Marketplace, Community and Support) where Framework interacts or concludes a contract with the consumer or customer.

Terms

All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person that is a consumer or a customer using this Website.

Article 2. Scope

1. Unless otherwise specified, the terms of use detailed in this section generally apply when using this Website.

2. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

3. By using this Website, Users confirm to meet the following requirements:

4. Users must be older than 13.

5. Users may not use the Website and the Service or any content for any purpose that is prohibited by these Terms and Conditions or unlawful or any other illegal activity which infringes the rights of Framework.

6. Users may not use any “page-scrape, “deep-link” or other automatic device, program, algorithm etc. to access, copy, acquire or monitor anything from the Website or any Content to (attempt to) obtain any materials, documents of information not purposely made available through the Website.

Article 3. Account registration

To use the Service

1. Users must register or create a user account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service concerned.

2. Users are responsible for keeping their login credentials confidential and safe, and for any activity that occurs under their account resulting of its failure to keep this information secure and confidential. For this reason, Users are required to choose passwords that meet the highest standards of strength permitted by this Website. By registering, Users agree to be fully responsible for all activities that occur under their username and password.

3. Users are required to immediately and unambiguously inform Framework via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials or personal data, has been violated, unduly disclosed or stolen. The User may be held accountable for losses incurred by Framework or any other user of the Website due to someone else using your account as a result of your failure to keep your personal information of your account secure and confidential.

4. User may not use anyone else’s account without express permission and consent of the holder. Framework will not be held liable for any loss or damage from the Users’ failure to comply with these obligations.

Article 4. Account termination by user

Users can terminate their account and stop using the Service at any time by doing the following:

• By directly contacting Framework at the contact details provided in this document.

Article 5. Account suspension and deletion by Framework

1. Framework reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

2. The suspension or deletion of User accounts according to article 5.1 shall not entitle Users to any claims for compensation, damages or reimbursement.

3. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Article 6. Content on this Website

1. Unless otherwise specified or clearly recognizable, all content, including but not limited to the look and feel of the websites, images, graphics, photographs, logos, designs, as well as the products and its (technical) features, available on this Website is owned, controlled or licensed by Framework or its licensors. 

2. Framework undertakes its utmost effort to ensure that the content provided on this Website does not infringe applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document. Framework will take User’s complaint into account and will contact the User to discuss a resolution.

Article 7. Rights regarding content on this Website - All rights reserved

1. Framework holds and reserves all intellectual property rights for all content as mentioned in Article 6.1. Users may not use such content in any way that is not necessary or implicit in the proper use of the Service.

2. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User’s  account or their device, even without the User’s knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Framework are correctly implemented.

1. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Article 8. Content provided by Users

If Framework allows Users to upload, share or provide their own content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights when providing such content.

Article 9. Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on this Website they grant Framework a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.

Users acknowledge, accept and confirm that all content they provide through this Website is subject to the same general conditions set forth for the content on this Website.

Article 10. Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Website. Users acknowledge and accept that Framework does not filter or moderate such content.

However, Framework reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading of content by the User to this Website:

• upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;

• if a notice of infringement of intellectual property rights is received;

• if a notice of violation of a third party’s privacy, including their intimate privacy, is received;

• upon order of a public authority; or

• where Framework is made aware that the content while being accessible via this Website, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold Framework harmless from and against any claim asserted and/or damage suffered due to content, they provided to or provided through this Website.

Article 11. Access to external resources

1. Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that Framework has no control over such resources and is therefore not responsible for their content and availability.

2. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Article 12. Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms of use and applicable laws.

Users are solely responsible for making sure that their use of this Website and the Service violates no applicable law, regulations or third-party rights.

Therefore, Framework reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms and Conditions;

• infringe any third-party rights;

• considerably impair Framework’s legitimate interests;

• offend Framework or any third party.

Article 13. Terms of Sale

Reference is made to the Terms of Sale document before ordering any product offered by Framework.

Article 14. Liability and indemnification

Indemnification

The User agrees to indemnify and hold Framework and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms and Conditions, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability law provisions, Users shall have no right to claim damages against Framework (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website or the Service has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, Framework shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Article 15: Common provisions

No Waiver

Framework’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, Framework reserves the right to interrupt the Service as necessary for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of the law, Framework may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, Framework will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside Framework’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit anything of this Website and of its Service without Framework’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the Privacy Policy of this Website.

Intellectual Property rights

Without prejudice to any more specific provision of these Terms and Conditions, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of Framework or its licensors and are subject to the protection granted by applicable laws and/or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of Framework or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms and Conditions

Framework reserves the right to amend or otherwise modify these Terms and Conditions at any time and modifications are effective immediately upon posting such changes on the Website. In such cases, Framework will appropriately inform the User per e-mail of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Website and the Service will signify the User’s acceptance of the revised Terms and Conditions. If Users do not wish to be bound by the changes, they must stop using the Website and the Service and may terminate the Agreement by contacting Framework. Reference is made to Article 4.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from Framework.

Exception for consumers and customers in France

Regardless of the above, any change of these Terms and Conditions shall be communicated in writing no later than one month prior to becoming effective. Should consumers and customers in France not accept the modified Terms and Conditions, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms and Conditions have become effective.

Assignment of contract

Framework reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms and Conditions, taking the User’s legitimate interests into account. Provisions regarding changes to these Terms and Conditions will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms and Conditions in any way, without prior written permission of Framework.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms and Conditions be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Should any provision of these Terms and Conditions be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms and Conditions shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms and Conditions are governed by Dutch law.

Article 16. Dispute resolution

Amicable dispute resolution

Users may bring any disputes to Framework who will try to resolve such dispute promptly and amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact Framework at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to Framework’s email address specified in this document.

Framework will process the complaint without undue delay and within 21 days of receiving it.

Online dispute resolution for consumers and customers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European consumer/customer or consumer/customer based in Norway, Iceland, or Liechtenstein can use such a platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.

Germany: Dispute resolution procedure with consumer/customer conciliation boards

Framework does not participate in alternative dispute resolution procedures for consumers/customers under the German Verbraucherstreitbeilegungsgesetz.

France: Mediation

Within one year of submitting a written complaint to Framework regarding any dispute stemming from these Terms and Conditions, consumers and customers have the right to initiate a mediation procedure before

• any mediation body approved by the French Government. The relevant list is available at the following link: https://www.economie.gouv.fr/mediation-conso/mediateurs-references .