FoxBound Terms of Service
1. Acceptance of Terms
These Terms of Service (the “Terms”) govern the use of the FoxBound (“we”, “us”, “our”) Services (FoxBound websites, FoxBound software (FoxBound DataScout Chrome Extension), and FoxBound hosted services, referred within these Terms as the (“Service” or “Services”).
If you are using these Services on behalf of a company, you represent that you are at least 18 years old and have the authority to lawfully bind that company and its affiliates to these Terms. In that case, “you”, “your”, “yourself”, and “user” will refer to that company.
By using any FoxBound Services, you are agreeing to these Terms. You may not access the Services if you are a competitor of FoxBound. If you do not agree to these Terms or don’t have the authority to bind your company and its affiliates to these terms, please discontinue the use of the FoxBound Services immediately.
2. Your Data
“Your Data” refers to any content or data used within the FoxBound Services. This includes contacts or email templates either imported or created manually by the user. We do not claim ownership of Your Data.
To use Our Services, you must link a third-party email account (Gmail or Microsoft). By using our Service and Authenticating Your email account, you are granting our Service the ability to perform specific scopes on behalf of yourself. While these scopes may capture specific data, we do not claim ownership of Your Data that is captured.
You are solely responsible for Your Data and Your communication with others while using our Services. You understand and agree that FoxBound is not responsible for Your Data and has no obligation to monitor Your Data while using our Services.
In accordance to US law, FoxBound will maintain physical, technical, and administrative safeguards for the protection of Your Data and its confidentiality, integrity, and security. FoxBound will not guarantee that Your Data will be free from theft, loss, unauthorized access, misuse, alteration, destruction, or disclosure. If you wish to encrypt or backup your data, you acknowledge that it is Your responsibility to do so.
3. Your Account
You are solely responsible for maintaining the security of Your account and Your Data and FoxBound will not be liable for any corruption or loss to Your Data. You are also fully responsible for the actions that occur within your account or in connection to your account. This includes but isn’t limited to violations of Intellectual Property, the CAN-SPAM ACT of 2003, or violation of any laws.
You are to use the FoxBound Services in accordance with applicable rules, regulations, and laws and will indemnify FoxBound for any penalties, fines, or other liabilities incurred for failure to comply with these Terms. You must also not use any of the FoxBound Services in a deceptive or misleading manner.
You are responsible for the security of your FoxBound account and agree not to share your account credentials with any third party. If you detect or are aware of unauthorized usage of your FoxBound account, you must notify FoxBound immediately.
4. Subscription Term, Fees & Payment Terms, Renewals, and Taxes
4.1 Subscription Term
The duration of your subscription will be associated within the specific agreement set forth within the order form or via the FoxBound Services portal. This may include monthly, quarterly, annual, or other subscription durations.
4.2 Fees & Payment Terms
Upon subscribing directly via the FoxBound Services to a paid plan or through execution of an order form, you will agree to pay all fees specified immediately if subscribed via the FoxBound Services or net 30 of the start date outlined within the executed FoxBound Order Form. Payment obligations are non-refundable or cancellable. The number of subscription licenses purchased for the duration of the term cannot be decreased but additional subscription licenses may be added for the duration of the term at a prorated amount.
FoxBound is expected to receive the full subscription cost and will not responsible for incurring anything less than the agreed upon amount regardless of payment processing fees, etc. Failure to pay in full by the invoice due date may result in suspension of services.
FoxBound Services are sold on a subscription basis. Annual subscription renewal cancellation requests must be received 30 days before the next annual contract renewal date. Failure to provide a written notice of cancellation will auto-renew the subscription for an additional annual subscription based on the current number of licenses purchased.
You will be responsible for all associated or applicable sales taxes, value added taxes, use taxes, or similar financial inclusions regardless of jurisdiction. FoxBound is solely responsible for taxes related to its company financial responsibilities (income tax, etc.).
Your use of FoxBound Services and content are done so at your own risk and are provided on an “as is” and “as available” basis. We disclaim all warranties or representations of any kind, regardless of if they are implied or expressed, about any of the FoxBound Services including the site, content materials, software, functionality, process, or information. We do not warrant that licensed FoxBound Services will be error-free or uninterrupted. We also do not warrant any data from the FoxBound Services will be complete or accurate. It is the sole responsibility of the user to determine data accuracy and usefulness of any and all data presented or generated through the use of FoxBound Services.
You agree to defend, indemnify, and hold harmless FoxBound and any of its vendors, employees, or contractors against any and all liabilities or claims, demands, or actions including attorney fees, court fees, and disbursements which come from or are related to FoxBound’s willful misconduct or gross negligence, or from any allegations that FoxBound Services infringes the rights of a third party.
We shall defend, indemnify and hold harmless your company from any and all third-party liabilities, claims as well as the related losses of those claims, damages or costs which include attorney fees as well as costs which stem from an allegation that FoxBound Services misappropriates or infringes on any third party intellectual property rights or in relation to client data.
7. Limitation of Liability
To the fullest extent permitted by law, FoxBound or any of its vendors, employees, subsidiaries, affiliates, agents, licensors, or officers, be liable for any indirect, direct, special, punitive, incidental, exemplary, or consequential damages including without limitation loss of savings, profits, goodwill, data, or reputation, resulting from the use of our services, regardless of legal theory, even if you have notified FoxBound about such damages, or for any third party claims.
To the fullest extent permitted by law, FoxBound disclaims any liability with respect to property damage, personal injury, offensive or defamatory content, any user’s or third-party illegal conduct, accuracy, completeness, content, or availability as it relates to FoxBound Services.
Where permitted by law, if FoxBound is found liable for claims relating to the Services despite the limitation found within these Terms, in no event will FoxBound’s liability exceed twenty dollars ($20).
These Terms constitute the entire agreement between FoxBound and you with regards to the points within, and may only be altered or modified through a written amendment which must be signed by an authorized executive from FoxBound, or through an update of these terms released directly from an authorized executive from FoxBound. These Terms may be revised at any point and the most current version will always be available upon request. We will notify the user of any changes via email associated to theq user account. By continuing to use FoxBound Services after notification of the Terms has been revised, you are agreeing to be bound by the updated Terms. If you do not agree with any revisions within the updated terms, simply discontinue use of the FoxBound services and the updated changes from the Terms will not apply to You.
This agreement, as well as the use of the FoxBound Services will be governed by the Georgia, USA law except for any conflicts in law provisions. Any and all disputes regarding these Terms or FoxBound Services must be litigated out the state or federal courts of Georgia, USA. This agreement does not provide or create any rights for Third-Party beneficiaries.
If any part of these Terms or Agreement is found unenforceable or invalid, the part in question will be construed to reflect the original intent of FoxBound and the user keeping the remainder of the agreement provisions intact and fully enforceable and in full effect. Any waiver from either FoxBound or the User for any condition or term of this agreement or any breach thereof, in any one instance, will not waive the condition or t
8. Copyright Infringement
If you believe that the FoxBound Services contain content that violates your copyright, we encourage you to reach out to firstname.lastname@example.org with the proper information in accordance to the DMCA policy.