Terms of service

Acceptance of the terms

Thank you for using FoxPlan! These terms of service (the “Terms”) govern your access to and use of FoxPlan (“we” or “our”) websites and services (the “Services”), so please read them carefully before using the Services.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.

The Terms constitute the entire agreement between you and us. The Terms govern your use of the Services, superseding any prior agreements between you and us.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with FoxPlan and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend or modify the Services at any time without prior notice to you. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violate any party’s intellectual property or these Terms of Service.

Technical support is only provided to paying account holders and is only available via email.

If you do not agree to be bound by these Terms, you must not use the Services. Should you have any questions concerning this agreement, please contact contact@fox-plan.com.

Changes to these terms

We reserve the right to revise (update and change) these Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. We will date and post the most current version of these Terms on the FoxPlan website. Any changes will be effective upon posting the revised version of these Terms on the Service (or such later effective date as may be indicated at the top of the revised Terms). Notice of other changes may be provided via www.fox-plan.com (the “Site”). We therefore encourage you to check the date of these Terms whenever you visit the Site to see if they have been updated. Your continued access to or use of any portion of the Service constitutes your acceptance of such changes. If you do not agree to any of the changes, we are not obligated to keep providing the Service, and you must cancel and stop using it.

Violation of any of the Terms will result in temporary or permanent suspension of your account, with or without notice.

Account terms

• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person — a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.
• You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
• You are responsible for all content posted and all activity that occurs under your account.
• You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service.
• You understand that the technical processing and transmission of the Service, including your content, may be transferred and involve transmissions over various networks, and changes to conform and adapt to the technical requirements of connecting networks or devices.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member or officer will result in immediate account termination.
• You must not transmit any worms or viruses or any code of a destructive nature.
• If your bandwidth usage exceeds 500 MB per month, or significantly exceeds the average bandwidth usage (as determined solely by us) of other customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
• In order to use the Service, subscribers must have or must obtain access to the World Wide Web, either directly or through devices that access web-based content, and must provide all equipment necessary to make and maintain such connections.

API terms

Customers may access their FoxPlan account data via an API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses FoxPlan, is bound by the terms of this agreement.

Payment, refunds, upgrading and downgrading

• A valid credit card is required for paying accounts.
• After a 30-day trial your account will be automatically terminated unless you register for a charged account. You will be billed monthly or yearly starting on the day you register.
• The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refund or credit for partial months or years of service, downgrade refunds, or refunds for unused months or years. In order to treat everyone equally, no exceptions will be made.
• All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties.
• For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the prorated amount.
• Downgrading your Service may cause the loss of content, features or capacity of your account. We do not accept any liability for such loss.
• Prices of all Services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site.

Cancellation and termination

• You are solely responsible for properly cancelling your account. Email or phone cancellation requests are not accepted unless a specific issue preventing you from cancelling has been identified and acknowledged by the portfolio administrator. You can cancel your account at any time from the Environment screen, Subscription sub-screen.
• All of your content will be kept for one year after cancellation. After that period the content will be automatically deleted and cannot be recovered.
• If you cancel the Service before the end of your current paid-up month or year, your cancellation will take effect immediately after the end of that paid month or year.
• We have the right, at our sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination will result in the deactivation or deletion of your account or your access to it, and the forfeiture of all content in your account. We reserve the right to refuse service to anyone for any reason at any time.

Copyright and content ownership

• All content posted on the Service must comply with copyright law.
• We claim no intellectual property rights over the material you provide to the Service. Your content and the materials you upload remain yours.
• FoxPlan does not pre-screen content, but FoxPlan and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any content available via the Service.
• The look and feel of the Service is copyright © 2013 FoxPlan, SAS FOXPLAN. All rights reserved. You may not reproduce, duplicate, copy, sell, resell, exploit or reuse any portion of the Service, use of the Service, access to the Service or visual design elements without our express written permission.
• You must not modify, adapt or hack the Service, or modify another website so as to falsely imply that it is associated with the Service.

Disclaimer

• You agree to use the Service at your own risk. The Service is provided on an “as is” and “as available” basis.
• We are not responsible or liable for the deletion of, or failure to store, any content or other communications maintained or transmitted through use of the Service. The customer is solely responsible for securing and backing up its data. We do not warrant that the operation of the Services will be error-free or uninterrupted, and the Services are not designed, manufactured or intended for high-risk activities.
• We cannot be held responsible for the content posted on the Service. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of, or the inability to use, the Service.
• We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
• We do not guarantee that the Service will meet your specific requirements, nor that it will be uninterrupted, timely, secure or error-free; we do not guarantee the accuracy or reliability of the results that may be obtained from the use of the Service. We are not accountable for the quality of any products, services, information or other material purchased or obtained by you through the Service.

Limitation of liability

• We will not be liable under this agreement for lost revenue or indirect, special, incidental, consequential, exemplary or punitive damages, even if the party knew or should have known that such damages were possible and even if direct damages do not satisfy a remedy.
• We may not be held liable under this agreement for more than the amount paid by the customer to us during the twelve months prior to the event giving rise to liability.
• These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s intellectual property rights by the other party, or indemnification obligations.

Governing law and jurisdiction

The Terms and the relationship between you and us shall be governed by the laws of France, without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Paris, France. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable French and local laws and regulations, including but not limited to export and import regulations.