Discover Your Signature Scent with Fragella

Terms of Use

Last Updated: May 17, 2025

Welcome to Fragella! These Terms of Use ("Terms") govern your access to and use of the Fragella mobile application (the "App"), website (fragella.com), and any related services (collectively, the "Services") provided by Duong Dinh ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms

By creating an account, downloading the App, or using any part of our Services, you signify your unconditional agreement to these Terms. If you do not agree to these Terms, you may not access or use our Services. We may modify these Terms at any time, and such modifications will be effective immediately upon posting the modified Terms on our Services. You agree to review the Terms periodically to be aware of such modifications, and your continued access or use of the Services shall be deemed your conclusive acceptance of the modified Terms.

2. Eligibility

You must be at least 13 years old to use our Services. If you are under the age of 18, you must have your parent or legal guardian's permission to use the Services and they must agree to these Terms on your behalf.

3. Accounts and Registration

To access certain features of the Services, you may be required to create an account. You agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update your information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.

4. Use of Services

4.1. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use, subject to these Terms.

4.2. Prohibited Conduct

You agree not to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
• Violate or encourage others to violate the rights of third parties, including intellectual property rights;
• Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
• Interfere with the security-related features of the Services;
• Interfere with the operation of the Services or any user's enjoyment of them, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or in any way making up a part of the Services;
• Perform any fraudulent activity, including impersonating any person or entity, or claiming false affiliations.

5. User Content

You may be able to submit, post, or share content, such as reviews, fragrance notes, or forum posts ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business.

You are solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein.

6. Intellectual Property

The Services, including all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Our Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of Our Content, is owned, controlled, or licensed by or to us, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms, no part of the Services and no Our Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

7. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FRAGELLA PROVIDES INFORMATION ABOUT FRAGRANCES FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. RECOMMENDATIONS AND DESCRIPTIONS ARE SUBJECTIVE. INDIVIDUAL EXPERIENCES WITH FRAGRANCES MAY VARY. WE ARE NOT RESPONSIBLE FOR ANY ALLERGIC REACTIONS OR OTHER ISSUES RESULTING FROM THE USE OF FRAGRANCES MENTIONED OR RECOMMENDED THROUGH THE SERVICES. ALWAYS TEST FRAGRANCES ON A SMALL PATCH OF SKIN BEFORE FULL USE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM, OR (B) $50.

9. Indemnification

You agree to defend, indemnify, and hold harmless Duong Dinh and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your access to, use of, or alleged use of the Services; (b) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any disputes or issues between you and any third party.

10. Termination

We may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason or no reason, including if you breach any of these Terms. Upon termination, your right to use the Services will immediately cease.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law principles.

12. Contact Information

If you have any questions about these Terms, please contact us at support@fragella.com.

Contact Us

Terms of Use for Fragella Forum

Effective Date: Mar 17, 2025

Welcome to Fragella Forum! By accessing or using our platform, you agree to abide by these Terms of Use. Please read them carefully before participating.

1. Acceptance of Terms

By registering for or using Fragella Forum, you agree to these Terms of Use, our Privacy Policy, and any additional guidelines or rules applicable to specific forum sections. If you do not agree, please refrain from using the forum.

2. User Accounts

• You must provide accurate and complete information when registering.
• You are responsible for maintaining the confidentiality of your account credentials.
• You may not share your account or allow others to access it.
• We reserve the right to suspend or terminate accounts that violate these terms.

3. User Conduct

When using Fragella Forum, you agree to:

• Respect all members and engage in civil discussions.
• Avoid harassment, hate speech, threats, or discrimination.
• Not post false, misleading, or deceptive information.
• Not spam, advertise, or engage in self-promotion without permission.
• Refrain from posting illegal, offensive, or copyrighted content without authorization.

4. Content Ownership & License

• You retain ownership of any content you post but grant Fragella Forum a non-exclusive, royalty-free license to display, reproduce, and distribute your content within the platform.
• Fragella Forum reserves the right to remove or modify content that violates these Terms.

5. Moderation & Enforcement

• Forum moderators may edit, move, or delete content that violates the guidelines.
• Users who repeatedly violate the rules may face temporary or permanent bans.
• Appeals regarding moderation decisions can be submitted by contacting us at support@fragella.com.

6. Privacy & Data Protection

• Your personal information is handled in accordance with our Privacy Policy.
• Do not share personal, sensitive, or confidential information publicly on the forum.

7. Liability Disclaimer

• Fragella Forum provides discussions and information as-is without warranties.
• We are not responsible for the accuracy or reliability of user-generated content.
• We are not liable for any damages resulting from your use of the forum.

8. Changes to These Terms

We reserve the right to modify these Terms of Use at any time. Updates will be posted with an effective date, and continued use of the forum constitutes acceptance of the new terms.

9. Termination

• We may suspend or terminate your access to Fragella Forum at our discretion if you violate these Terms.
• You may close your account at any time by contacting support.

10. Contact Information

For questions or concerns about these Terms of Use, contact us at support@fragella.com.

By using Fragella Forum, you acknowledge that you have read, understood, and agree to these Terms of Use.

Cookie Consent for Fragella Forum

Welcome to Fragella Forum! We use cookies to enhance your experience, improve site functionality, and ensure seamless authentication. By using our forum, you agree to our use of cookies as outlined in this policy.

1. What Are Cookies?

Cookies are small text files stored on your device when you visit a website. They help improve your Browse experience by remembering your preferences, login details, and site interactions.

2. How We Use Cookies

We use cookies for the following purposes:

• Essential Cookies: Required for basic forum functionality, such as authentication and session management.
• Analytical Cookies: Help us understand user interactions to improve site performance.
• Functional Cookies: Store preferences to personalize your experience.
• Third-Party Cookies: Used for authentication services like Auth0 and embedded content.

3. Managing Your Cookie Preferences

You can control or disable cookies through your browser settings. However, disabling essential cookies may impact your ability to use certain features of the forum.

4. Third-Party Services

We may use third-party services (e.g., Auth0 for authentication, analytics providers) that also set cookies. These services have their own cookie policies, which we encourage you to review.

5. Consent and Changes

By continuing to use our forum, you consent to our cookie usage. We may update this policy from time to time, and any changes will be reflected here.

For more details, please visit our Privacy Policy or contact us at support@fragella.com.

Privacy Policy

Last Updated: May 17, 2025

Duong Dinh ("we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Fragella mobile application (the "App"), website (fragella.com), and related services (collectively, the "Services"). Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access or use the Services.

1. Information We Collect

We may collect information about you in a variety of ways. The information we may collect via the Services includes:

1.1. Personal Data

Personally identifiable information, such as your name, email address, username, and demographic information (such as your age, gender, hometown, and interests), that you voluntarily give to us when you register with the Services or when you choose to participate in various activities related to the Services, such as online chat and message boards, quizzes, or saving fragrance preferences.

1.2. Derivative Data

Information our servers automatically collect when you access the Services, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Services. If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files.

1.3. Data from Social Networks

User information from social networking sites, such as Apple Game Center, Facebook, Google+, Instagram, etc., including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Services.

1.4. Mobile Device Data

Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Services from a mobile device.

1.5. Data From Contests, Giveaways, and Surveys

Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

1.6. Fragrance Preference Data

Information related to your fragrance preferences, notes you like or dislike, fragrances you own, wishlisted items, and responses to personality quizzes designed to recommend fragrances.

2. Use of Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Services to:

• Create and manage your account.
• Email you regarding your account or order.
• Enable user-to-user communications.
• Generate a personal profile about you to make future visits to the Services more personalized.
• Provide personalized fragrance recommendations based on your preferences and quiz results.
• Increase the efficiency and operation of the Services.
• Monitor and analyze usage and trends to improve your experience with the Services.
• Notify you of updates to the Services.
• Offer new products, services, mobile applications, and/or recommendations to you.
• Perform other business activities as needed.
• Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
• Process payments and refunds (if applicable).
• Request feedback and contact you about your use of the Services.
• Resolve disputes and troubleshoot problems.
• Respond to product and customer service requests.
• Send you a newsletter.
• Solicit support for the Services.

3. Disclosure of Your Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

3.1. By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.

3.2. Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including data analysis, email delivery, hosting services, customer service, and marketing assistance.

3.3. Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

3.4. Online Postings

When you post comments, contributions, or other content to the Services (e.g., on a forum), your posts may be viewed by all users and may be publicly distributed outside the Services in perpetuity.

3.5. Affiliates

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy.

3.6. Business Transfers

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity.

4. Tracking Technologies

4.1. Cookies and Web Beacons

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Services to help customize the Services and improve your experience. When you access the Services, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Services.

4.2. Analytics

We may partner with selected third-party vendors to allow tracking technologies and remarketing services on the Services through the use of first-party cookies and third-party cookies, to, among other things, analyze and track users' use of the Services, determine the popularity of certain content, and better understand online activity.

5. Data Security

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

6. Children's Privacy

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

7. Your Privacy Rights

7.1. Account Information

You may at any time review or change the information in your account or terminate your account by logging into your account settings and updating your account, or by contacting us using the contact information provided below.

7.2. Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by logging into your account settings and updating your preferences, or by contacting us using the contact information provided below. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

8. Changes to This Privacy Policy

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date.

9. Contact Us

If you have questions or comments about this Privacy Policy, please contact us at: support@fragella.com