📜 Terms of Service

Effective Date: 13.06.2025

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Foxalize ("Company", "we", "us", or "our"), governing your access to and use of our website, application, APIs, services, and all associated products and features (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Acceptance and Eligibility

• You must be at least 16 years of age to use the Service.

• You represent and warrant that you have the legal capacity to enter into this agreement.

• If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

• You agree to use the Service solely for lawful purposes and in accordance with these Terms.

2. Account Registration and Security

• You may be required to create an account to access certain features of the Service.

• You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

• You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• You must notify us immediately of any unauthorized use of your account or any other breach of security.

• We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

3. Purchases and Subscriptions

• We may offer paid features, products, or subscription plans with different features and usage limits.

• If you purchase any product or service, you may be asked to provide payment information including billing address and payment method details.

• You represent and warrant that you have the legal right to use any payment method and that the information you provide is accurate and complete.

• We reserve the right to refuse or cancel orders for reasons including product availability, pricing errors, or suspected fraud.

• If we offer subscriptions, fees may be charged in advance on a recurring basis and are generally non-refundable except as required by law.

• We reserve the right to change pricing or billing terms at any time with reasonable notice.

• Refunds, if any, are provided only at our sole discretion or as required by applicable law.

4. Use of the Service

• You are granted a limited, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.

• You may not use the Service for any illegal, harmful, or unauthorized purpose.

• You may not attempt to reverse engineer, decompile, or disassemble any part of the Service.

• You may not use automated systems to access the Service without our prior written consent.

• We reserve the right to impose usage limits and restrictions on the Service.

5. Intellectual Property Rights

• All intellectual property rights in the Service, including software, content, design, trademarks, and branding, are and shall remain the exclusive property of Foxalize or its licensors.

• You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

• You retain ownership of content you submit to the Service, but grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and transmit your content as necessary to provide the Service.

• You represent and warrant that you have all necessary rights to the content you submit.

6. User Content and Data

• You retain ownership of any content or data you submit, upload, or process through the Service ("User Content").

• You are solely responsible for your User Content and must ensure it complies with applicable laws and these Terms.

• We may remove or disable access to User Content that violates these Terms without notice.

• You agree not to submit content that is illegal, harmful, offensive, or infringes on third-party rights.

• We do not claim ownership of your User Content but may use it as necessary to provide and improve the Service.

7. Third-Party Services and Integrations

• The Service may integrate with or contain links to third-party services, websites, or applications.

• We are not responsible for the content, privacy policies, or practices of third-party services.

• Your use of third-party services is subject to their respective terms and conditions.

• We may use third-party services for analytics, advertising, payment processing, and other business purposes.

• We reserve the right to add, modify, or remove third-party integrations at any time.

8. Service Availability and Performance

• We strive to maintain high availability but do not guarantee uninterrupted or error-free operation of the Service.

• We may perform maintenance, updates, or modifications that temporarily affect Service availability.

• We are not liable for any downtime, service interruptions, or performance issues.

• We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice.

8.1. Service Limitations

• The Service may contain bugs, errors, or other issues that could affect functionality.

• Some features may be experimental and subject to change or removal without notice.

• We recommend maintaining backups of important data and not relying solely on the Service for critical operations.

• You acknowledge that use of the Service involves inherent risks and limitations.

9. Prohibited Activities

You agree not to:

• Use the Service for any illegal, harmful, or unauthorized purpose

• Violate any applicable laws or regulations

• Interfere with or disrupt the Service or its servers

• Attempt to gain unauthorized access to any part of the Service

• Upload or transmit viruses, malware, or other harmful code

• Engage in any activity that could harm our reputation or business

• Use the Service to compete with us or develop competing products

10. Termination

• We may suspend your access immediately if you violate these Terms or engage in fraudulent or illegal activity.

• For paid subscriptions, we will provide at least 30 days notice before terminating your account without cause, unless termination is due to a violation of these Terms.

• You may terminate your account at any time by following the account deletion process.

• Upon termination, your right to use the Service will immediately cease, and we may delete your account and data after a reasonable retention period.

• Provisions that by their nature should survive termination will continue to apply.

11. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability, fitness for a particular purpose, or non-infringement

• Uninterrupted, secure, or error-free operation

• Accuracy, reliability, or completeness of content

• Freedom from viruses or other harmful components

We disclaim all warranties to the fullest extent permitted by law.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FOXALIZE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages

• Loss of profits, data, use, or goodwill

• Business interruption or loss of business opportunities

• Damages resulting from unauthorized access to or alteration of your data

• Damages arising from third-party conduct or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR CHF 100, WHICHEVER IS GREATER.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER MANDATORY SWISS LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Foxalize and its affiliates, directors, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from or related to:

• Your use of the Service

• Your violation of these Terms

• Your User Content

• Your violation of any third-party rights

• Any negligent or wrongful conduct by you

14. Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

• The parties agree to attempt to resolve any disputes amicably before initiating legal proceedings.

• Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Kriens, Canton of Lucerne, Switzerland.

15. Changes to Terms

• We reserve the right to modify these Terms at any time.

• Material changes will be communicated through the Service or via email.

• Your continued use of the Service after changes constitutes acceptance of the new Terms.

• If you do not agree to the changes, you must stop using the Service.

16. General Provisions

• These Terms constitute the entire agreement between you and Foxalize regarding the Service.

• If any provision is found unenforceable, the remaining provisions will continue in full force.

• Our failure to enforce any provision does not waive our right to do so later.

• You may not assign your rights under these Terms without our written consent.

• These Terms are binding upon your heirs, successors, and assigns.

17. Contact Information

Foxalize by Catix GmbH

Email: contact@foxalize.ch

Address: Kriens, Switzerland

Company registration and legal information: catix.ch