1. Acceptance of Terms
By accessing or using FoxproAI's website, platform, or any services offered by FoxproAI (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and FoxproAI regarding your use of the Services.
If you do not agree to these Terms, you must not access or use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
2. Services Provided
FoxproAI provides AI-powered digital marketing services, which may include but are not limited to:
We continuously evolve our Services to better meet the needs of our clients. The specific services available to you will depend on the package or plan you have selected. We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice.
3. User Responsibilities
As a client or user of FoxproAI's Services, you agree to:
You are solely responsible for all content, materials, and information that you provide to us or upload through our Services. You represent and warrant that you have all necessary rights, licenses, and permissions to provide such content to us and that it does not infringe upon the intellectual property rights or other rights of any third party.
4. Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by FoxproAI, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Upon full payment of all applicable fees, you will own the final deliverables specifically created for you as part of our Services, subject to the following conditions:
You grant FoxproAI a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your name, logo, and other materials you provide to us solely for the purpose of providing the Services to you and for promotional purposes with your prior written consent.
5. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of our business relationship. Confidential information includes, but is not limited to:
Each party agrees to use the same degree of care to protect the other party's confidential information as it uses to protect its own confidential information of similar nature, but in no case less than reasonable care. Neither party will disclose the other party's confidential information to any third party without the prior written consent of the other party, except as required by law or to the extent necessary to fulfill the purposes of these Terms.
These confidentiality obligations will survive the termination or expiration of our business relationship for a period of three (3) years.
6. Termination
Either party may terminate the Services for any reason by providing thirty (30) days' prior written notice to the other party. Additionally, FoxproAI may terminate or suspend your access to our Services immediately, without prior notice or liability, for any of the following reasons:
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you have prepaid for Services that you will not receive due to termination, you may be entitled to a prorated refund, except in cases where termination is due to your breach of these Terms or other misconduct.
7. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall FoxproAI, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
In no event shall FoxproAI's total liability to you for all claims exceed the amount paid by you to FoxproAI during the twelve (12) months preceding the event giving rise to the liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be exclusively brought in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction and venue of such courts.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FoxproAI.