TERMS OF USE FOR ALL USERS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

1. Introduction

These Terms of Use for all Users govern your use of Freyja and your agreement with us.

2. Defined terms

In the Terms of Service:

  1. "Content" means any material uploaded to Freyja by any User, including any photos, videos, audio (for example music and other sounds), data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
  2. "Consumer" means a User that is purchasing Content from a Content Provider pursuant to a Content Transaction  or who wishes to provide a tip to a Content Provider;
  3. "Consumer Payment" means any and all payments made by a Consumer to a Content Provider (i) in connection with a  Content Transaction, or (ii) by way of a tip paid from a Consumer to  a Content Provider;
  4. “Content Provider” means a User that is supplying Content to a Consumer pursuant to a Content Transaction.
  5. "Content Transaction" means any transaction between a Consumer and a Content Provider on Freyja by which access is granted to the Content Provider 's Content including in any of the following ways: (i) a Subscription, (ii) payments made by a Consumer to view a Content Provider's pay-per-view Content and (iii) use by the Consumer of the Consumer interaction function on a Content Provider 's Freyja user account;
  6. “Freyja” we refer to our website as "Freyja", including when accessed via the URL https://freyja-xo.com/;
  7. "Standard Contract between Users" means the terms which govern each User Transaction, which can be found STANDARD CONTRACT BETWEEN USERS;
  8. "Subscription" means a Consumer's subscription to  to receive access to a Content Provider’s Content (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month);
  9. "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these TERMS OF USE FOR ALL USERS (ii) TERMS OF USE FOR CONSUMERS, (iii) TERMS OF USE FOR CONTENT PROVIDERS, (iv) ACCEPTABLE USE AND CONTENT POLICY, (v)PRIVACY POLICY, (vii) COMPLAINTS POLICY, and (viii) PLATFORM TO BUSINESS REGULATION TERMS;
  10. "United Kingdom" means the United Kingdom of Great Britain and Northern Ireland; and
  11. "User" means any user of Freyja, whether a Content Provider or a Consumer or both (also referred to as "you" or "your") who has created a “User” account on Freyja; 
  12. references to "we", "our", "us" are references to Projekt Freyja Ltd, the operator of Freyja.

3. Who we are and how to contact us

Freyja is operated by Projekt Freyja Ltd. We are a limited company registered in England and Wales, with company registration number 13398677 and we have our registered office address at Work.Life Bermondsey, 5 Tanner Street, London, England, SE1 3LE. Our VAT number is 402 4515 42.

To contact us with any questions about Freyja, please email our support team at info@projektfreyja.com. If you are unable to contact us by email, please write to us at the following address: Work.Life Bermondsey, 5 Tanner Street, London, England, SE1 3LE.

4. How we may change the Terms of Service

We may change any part of the Terms of Service without telling you beforehand in the following circumstances:

  1. to reflect changes to our Users’ needs and our business priorities;
  2. to reflect changes in laws and regulatory requirements which apply to Freyja and the services, features and programs of Freyja where such changes require Freyja to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
  3. to address an unforeseen and imminent danger related to defending Freyja,  or Users from fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Freyja, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Freyja.

5. Other terms which form part of your agreement with us:

These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:

  1. TERMS OF USE FOR CONSUMERS – which contain terms which apply if you use Freyja as a consumer and/or a provider of Content;
  2. TERMS OF USE FOR CONTENT PROVIDERS – which contain additional terms which apply if you use Freyja as a Content Provider;
  3. ACCEPTABLE USE AND CONTENT POLICY – which applies to all Users and tells you what you can and can’t do on Freyja;
  4. COMPLAINTS POLICY;
  5. PRIVACY POLICY – which applies to all Users and tells you how we use your personal data and other information we collect about you; and
  6. PLATFORM TO BUSINESS REGULATION TERMS – which contain additional terms which apply to Users who are established or resident in the European Union or the United Kingdom.

6. We may make changes to or suspend or withdraw Freyja

We may update and change Freyja from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Freyja, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Freyja for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

7. Registering with Freyja

  1. To use Freyja you must first register and create a User account on Freyja. You must provide a valid email address, a username, and a password. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Freyja site for the composition of passwords. 
  2. To register as a User:
  • you must be at least 18 years old, and you will be required to confirm this;
  • if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
  • you must be permitted by the laws of the country or State/province where you are located to join Freyja and to view any Content available on it and to use any functionality provided by it.
  • you must provide such other information or verification records as we require.

If you do not meet the above requirements, you must not access or use Freyja.

8. Linking to and from Freyja:

Links to Freyja:

  1. You may link to the Freyja homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
  2. If and when you are promoting your User account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your User account. When promoting your User account, you must not impersonate Freyja or give the impression that your User account is being promoted by us if this is not the case. You must not promote your Freyja account by using Google Ads or any similar advertising platform or search engine advertising service.

Links from Freyja: 

  1. If Freyja contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. 
  2. If you decide to access any of the third-party websites linked to Freyja, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Links to third party sites:

  1. References and links to other sites or content sharing platforms via (i) a User account; or (ii) any Content is strictly limited to those sits/platforms that have been expressly permitted by us. Freyja is committed to protecting the integrity of its platform and its Users by only permitting links to sites who we deem “safe”, ie those sites that have content moderation and protection standards equal to or greater than those employed by us.

9. Your obligations

When you register with and use Freyja, you make the following commitments to us:

  1. If you previously had an account with Freyja, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
  2. You will make sure that all information which you submit to us is truthful, accurate and complete.
  3. You will update promptly any of your information you have submitted to us as and when it changes.
  4. You consent to receiving communications from us electronically, including by emails and messages posted to your Freyja account, and to the processing of your personal data as more fully detailed in our PRIVACY POLICY.
  5. You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. 
  6. You will contact info@projektfreyja.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. 
  7. You agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
  8. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
  9. You will comply in full with these Terms of Use for all Users, our ACCEPTABLE USE AND CONTENT POLICY and all other parts of the Terms of Service which apply to your use of Freyja.

10. Rights we have, including to suspend or terminate your account

  1. We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our ACCEPTABLE USE AND CONTENT POLICY) and/or any applicable law. All Content is pre-moderated using our algorithms, and explicit Content identified by the algorithms are sent for human moderation. 
  2. It is our policy to suspend access to any Content you post on Freyja which we become aware may not comply with the Terms of Service (including, in particular, our ACCEPTABLE USE AND CONTENT POLICY) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at info@projektfreyja.com. 
  3. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. 
  4. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. 
  5. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
  6. If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Freyja account, but we are not obligated to give you prior notice of such removal or suspension.
  7. We reserve the right in our sole discretion to terminate your agreement with us and your access to Freyja for any reason by giving you 30 days’ notice by email or electronic message to your Freyja account. We can also suspend access to your User account or terminate your agreement with us and your access to Freyja immediately and without prior notice:
  • if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
  • if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Freyja.

If we suspend access to your User account or terminate your agreement with us and your access to Freyja we will let you know. During any period when access to your User account is suspended, any Consumer Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Content Provider Earnings due to you but not yet paid out in accordance with section 13 of the TERMS OF USE FOR CONTENT PROVIDERS.

  1. Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our PRIVACY POLICY (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Freyja for you to be able to access your Content following termination of your account.
  2. We can investigate any suspected or alleged misuse, abuse, or unlawful use of Freyja and cooperate with law enforcement agencies in such investigation.
  3. We can disclose any information or records in our possession or control about your use of Freyja to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
  4. We can change the third-party payment providers used to process payments on Freyja and if we do so, we will notify you and store applicable details on your Freyja account.
  5. Other than Content (which is owned by or licensed to Users), all rights in and to Freyja and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
  6. We are the sole and exclusive owners of any and all anonymised data relating to your use of Freyja and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.

11. What we are not responsible for

We will use reasonable care and skill in providing Freyja to you, but there are certain things which we are not responsible for, as follows:

  1. We do not authorize or approve Content on Freyja, and views expressed Users on Freyja do not necessarily represent our views.
  2. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by the Users who own and upload the Content to Freyja.
  3. Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Freyja, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Freyja.
  4. You acknowledge that once your Content is posted on Freyja, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
  5. All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the ACCEPTABLE USE AND CONTENT POLICY).
  6. You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of Freyja and that if you choose to do so, you do so entirely at your own risk.
  7. We make no promises or guarantees of any kind that Users will make a particular sum of money (or any money) from their sale and/or licence of Content via Freyja.
  8. The materials which we make accessible on Freyja for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
  9. We do not promise that Freyja is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Freyja. You should use your own virus protection software.
  10. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Freyja.
  11. While we try to make sure that Freyja is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Users.
  12. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.

12. Intellectual property rights – ownership and licenses

  1. You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 12(c) below in any territory in which Freyja is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
  2. We need certain permissions from you to provide our services. Content that you create, share or upload may be protected by intellectual property laws. You retain ownership of the intellectual property rights in any such Content that you create and share on Freyja. Nothing in these Terms of Use takes away the rights you have to your own Content. You are free to share your Content with anyone else, wherever you want.
  3. In order to provide our services, we need you to give us some legal permissions (known as a "License") to use this Content. This is solely for the purposes of providing and improving our platform.
  4. Specifically, when you share, post or upload Content that is covered by intellectual property rights on Freyja, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your Content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Freyja, you give us permission to store, copy and share it with others (again, consistent with your settings) such as service providers that support those products and services. This licence will end when your Content is deleted from our systems.
  5. We may also share your Content with our trusted third parties, at all times encrypted with homomorphic encryption, strictly for the purposes of developing systems to improve online safety for all Users.
  6. You can delete Content that you share, post and upload at any time. In addition, all Content posted to your User account will be deleted if you delete your User account. 
  7. It may take up to 7 days to delete Content after we begin the account deletion process or receive a Content deletion request. While the deletion process for such Content is being undertaken, the Content is no longer visible to other Users. After the Content is deleted, it may take us up to another 30 days to remove it from backups and disaster recovery systems.
  8. Content will not be deleted within 7 days of the account deletion or Content deletion process beginning in the following situations:
  • where your Content has been used by others in accordance with this Licence and they have not deleted it (in which case this Licence will continue to apply until that Content is deleted);
  • where deletion within 7 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
  • Where immediate deletion would restrict our ability to:
  1. investigate or identify illegal activity or breaches of our Terms of Use and or our ACCEPTABLE USE AND CONTENT POLICY;
  2. protect the safety, integrity and security of our systems, services, our employees and Users, and to defend ourselves;
  3. comply with legal obligations for the preservation of evidence, including data that we are required to preserve to comply with any record-keeping obligations required by law; or
  4. comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the Content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

  1. In each of the above cases, this Licence will continue until the content has been fully deleted.
  2. Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our COMPLAINTS POLICY for how to make a complaint about infringement of intellectual property rights.
  3. You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Freyja. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 12(c) above) to add watermarks, stickers or text to your Content.

13. Who is responsible for any loss or damage suffered by you?

Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.

If you are a consumer User: If you are a consumer User, you agree that:

  • We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Freyja.
  • If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.

If you are a business User: If you are a business User, you agree that:

We and our subsidiary companies, employees, owners, representatives, and agents:

  • exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Freyja or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
  • are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
  • won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:

your inability to use Freyja or any of its services, features or programs; or

your use of or reliance on any content (including Content) stored on Freyja;

  • won't be liable to you for any:

loss of profits;

loss of sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation;

loss of data or information, including any Content; or

indirect or consequential loss or damage;

  • won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Freyja or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
  • won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
  • won't be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as "doxing");
  • won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:

  • 100% of the total fees paid by you to us in connection with your use of Freyja; and
  • USD 5,000.

14. How do I delete my account?

If you want to delete your Freyja account then you may do so by sending an email to info@projektfreyja.com.

  1. If you have used Freyja solely as a Consumer, the deletion of your account will take place within a reasonable time following your request.
  2. If you are a Content Provider, once you initiate the "delete account" process your account will remain open until the last day of your Consumers' paid Subscription period, following which you will receive your final payment and your account will be deleted.
  3. Once your account has been deleted you won't be charged any further amounts or have access to your former Freyja account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. 
  4. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our PRIVACY POLICY (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Freyja for you to be able to access your Content following termination of your account.

15. General

You agree that:

  1. If any aspect of your agreement with us is found to be unenforceable, the rest will remain in effect.
  2. If we fail to enforce any aspect of your agreement with us, it will not be a waiver of our ability to enforce any such aspect in the future;
  3. We reserve all rights not expressly granted to you.
  4. No implied licenses or other rights are granted to you in relation to any part of Freyja, save as expressly set out in the Terms of Service.
  5. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section 13 and the terms in section 15 may be enforced by our subsidiary companies, employees, owners, representatives and agents.
  6. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
  7. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. This could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
  8. The Terms of Service form the entire agreement between us and you regarding your access to and use of Freyja and supersede any and all prior oral or written understandings or agreements between us and you.

16. Disputes, governing law and jurisdiction

For consumer Users (Consumers):

  1. Consumers - Law:
  • If you are a Consumer, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Freyja, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of Freyja (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
  1. Consumers - where claims must be brought:
  • If you are a Consumer resident in the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Freyja (including, in both cases, non-contractual disputes or claims) may be brought in the courts of England and Wales or the courts of the country where you live.
  • If you are a Consumer resident outside of the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Freyja (including, in both cases, non-contractual disputes or claims) must be brought in the courts of England and Wales.

For business Users:

  1. Business Users – Law:
  • If you are a business User, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Freyja, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of Freyja (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.
  1. Business Users - where claims must be brought:
  • If you are a business User, you and we agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your use of Freyja.
  1. Limitation period for bringing claims:

Except where prohibited by applicable law, any claim or cause of action which you have concerning Freyja (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier) or be forever barred.

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