FoxNose Ltd. User Agreement

This User Agreement ("Agreement") is entered into between FoxNose Ltd. ("FoxNose," "we," "us," or "our"), a company registered in Singapore, and the user ("User," "you," or "your") utilizing the FoxNose service ("Service") accessible at foxnose.net, its subdomains, fxns.io, and its subdomains. By using the Service, you agree to be bound by the terms of this Agreement.

1. Acceptance of Terms

By using the Service, you confirm that you have the authority to bind your organization to this Agreement and agree to comply with its terms on behalf of your organization.

2. Service Provided "As Is"

The Service is provided "as is" and "as available" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. FoxNose does not guarantee that the Service will meet your requirements or operate uninterrupted, timely, secure, or error-free.

Exception: This disclaimer does not apply if a separate agreement between FoxNose and the User explicitly states otherwise.

3. Limitation of Liability

To the maximum extent permitted by law, FoxNose shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, use, goodwill, or other intangible losses arising from:

• your use or inability to use the Service;
• unauthorized access to our servers or data stored thereon;
• transmission of errors, viruses, or other harmful components by third parties through the Service;
• errors or omissions in content or losses resulting from the use of content posted, transmitted, or otherwise made available through the Service.

Exception: This limitation of liability does not apply if a separate agreement between FoxNose and the User explicitly states otherwise.

4. Data Security and Processing

FoxNose implements reasonable technical and organizational measures to ensure the security and confidentiality of your data. Data is stored on secure servers located in the European Union or the United States, depending on the User's selected project location. For details, refer to our Privacy Policy.

5. Prohibited Content

You agree not to upload, post, or transmit through the Service any content that:

• Is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, invasive of privacy, hateful, or otherwise objectionable, including content promoting racial, ethnic, or other forms of discrimination;
• Infringes on patents, trademarks, trade secrets, copyrights, or other proprietary rights of third parties;
• Contains viruses or other programs designed to interrupt, destroy, or limit the functionality of hardware or software;
• Is intended to harass, intimidate, or threaten individuals or groups;
• Promotes or incites violence, terrorism, or other criminal activities;
• Contains sensitive personal data without proper authorization.

Presence of prohibited content may result in immediate account suspension and deletion of the offending data.

6. Account Suspension and Deletion

FoxNose reserves the right to suspend or terminate your account and access to the Service for violations of this Agreement, including but not limited to:

• Non-payment of fees or exceeding usage limits;
• Uploading prohibited content;
• Attempting to reverse-engineer or discover the Service's operational principles;
• Mass account creation to abuse the free plan.

Upon suspension, you will be notified and given an opportunity to remedy the violation. If the suspension is not resolved within three months, FoxNose may delete your data.

Upon termination of this Agreement, access to the Service will cease immediately, and your data will be retained for 30 days before potential deletion.

7. Changes to Plan Terms

• Free Plans: FoxNose may modify, archive, or discontinue free plans (with zero cost) with at least one week's prior notice.
• Paid Plans: FoxNose may unilaterally modify the terms of standard paid plans with at least one month's prior notice. This does not apply to private plans or terms specified in individual contracts or agreements.

8. Automated Content Checks

FoxNose reserves the right to conduct automated, anonymized content checks using algorithms to detect illegal or harmful content. These checks are necessary to comply with legal requirements and ensure the safety of the Service.

9. Prohibition on Reverse Engineering

You agree not to engage in reverse engineering, decompilation, disassembly, or other attempts to discover the source code or structure of the Service. Violation of this provision may result in immediate account suspension.

10. Prohibition on Mass Account Creation

Creating multiple accounts to abuse the free plan or other Service features is strictly prohibited and may result in account suspension.

11. User Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials;
• Complying with all applicable laws and regulations while using the Service;
• Promptly notifying FoxNose of any unauthorized account use or security breaches.

12. Payment Terms

• Billing Cycle: The billing cycle for all paid plans is one month.
• Usage Units ("Powers"): The Service uses conditional units called "Powers" for tracking usage and billing purposes. The cost of Powers may vary between users and plans. Detailed information about plans, Powers, and billing processes is available in your account dashboard at app.foxnose.net and in our documentation at foxnose.net/docs.
• Upgrading Plans: When upgrading to a higher-tier plan, the transition occurs immediately, and any prepaid Powers are transferred to the new plan. Unused Powers expire at the end of the billing cycle.
• Downgrading or Switching to Free Plan: When downgrading to a lower-tier plan or switching to a free plan, the change takes effect at the start of the next billing cycle.

13. User Content Responsibility

You are solely responsible for all content you store, upload, or transmit through the Service. FoxNose bears no responsibility or liability for such content, including its accuracy, legality, or appropriateness. You accept full responsibility for any consequences arising from the content you store in the Service.

FoxNose strives to cooperate with rights holders and law enforcement authorities and to comply with international laws. However, FoxNose operates under the jurisdiction of Singapore, and any legal matters will be addressed in accordance with Singapore law.

14. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of Singapore. Any disputes arising from this Agreement shall be resolved through arbitration in Singapore, in accordance with the rules of the Singapore International Arbitration Centre.

15. Intellectual Property

The Service, including its content, features, and functionality, is owned by FoxNose, its licensors, or other providers and is protected by Singapore and international copyright, trademark, patent, and trade secret laws.

Subject to compliance with this Agreement, FoxNose grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Service for your business purposes.

16. Changes to the Agreement

FoxNose may modify this Agreement at any time. You will be notified of changes through the Service or other communication methods. Continued use of the Service after such changes constitutes your acceptance of the updated Agreement.

17. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the use of the Service. This obligation survives the termination of this Agreement.

18. Force Majeure

Neither party shall be liable for failure or delay in performing obligations under this Agreement due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, strikes, fires, or disruptions in energy or material supplies.

19. Indemnification

You agree to indemnify, defend, and hold harmless FoxNose, its affiliates, officers, employees, and agents from any claims, damages, or expenses (including reasonable attorney fees) arising from your use of the Service, violation of this Agreement, or infringement of third-party rights.

20. Survival

Provisions of this Agreement that, by their nature, should survive termination, including those regarding intellectual property, confidentiality, indemnification, limitation of liability, and governing law, shall remain in effect.

21. Entire Agreement

This Agreement constitutes the entire agreement between you and FoxNose regarding the use of the Service and supersedes all prior agreements.

22. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23. Waiver

Waiver of any term of this Agreement shall not be deemed a continuing waiver or extend to other terms.

24. Assignment

You may not assign your rights under this Agreement without FoxNose's prior written consent. FoxNose may assign this Agreement without your consent in the event of a merger, acquisition, or sale of assets.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.