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 Cytizen Networks LLC ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
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.
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.
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.
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.
You agree not to:
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.
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.
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.
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.
You agree to defend, indemnify, and hold harmless Cytizen Networks LLC or Fragella™ 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.
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.
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.
If you have any questions about these Terms, please contact us at [email protected].