Terms & Conditions

Legal Age: You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

Authority: If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

Compliance: You are responsible for complying with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

Account Creation: To access certain features of the Service, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information.
• Keep your account information updated.
• Maintain the security and confidentiality of your account credentials.

Responsibility for Account Activities: You are fully responsible for all activities that occur under your account, including any unauthorized use. You agree to notify us immediately if you suspect or become aware of any unauthorized use or security breach.

Restrictions: You must not use the Service if you have previously been prohibited or barred from doing so by us. We reserve the right to refuse registration, cancel accounts, or deny access to the Service at our sole discretion.

Subscription Plans: Certain features of our Service require a paid subscription. Details of our subscription plans, including pricing and features, are made available on our website or within the Service.

Billing:

• Subscription fees are billed in advance on a monthly basis (or such other period as specified).
• You authorize us to charge your chosen payment method for all applicable fees, including renewals and any taxes we are required to collect (e.g., sales tax, VAT). Where we do not collect taxes, you are responsible for paying any additional applicable taxes directly to the relevant authorities.

Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel at least 24 hours before the renewal date.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting us.

Refunds: Refunds are granted in accordance with ourRefund Policy.

Price Changes: We may modify subscription prices at any time with notice.

Privacy Policy: Your use of the Service is governed by ourPrivacy Policy.

Data Protection: We take commercially reasonable measures to protect your data. However, no data transmission over the internet is 100% secure.

Compliance: We comply with all applicable data protection laws and regulations.

Ownership: The Service is the exclusive property of Fous or its licensors.

Limited License: We grant you a limited, non-transferable license to use the Service in accordance with these Terms.

Restrictions: You shall not copy, modify, distribute, or reverse engineer any part of the Service.

User Content: You retain ownership of any content you upload or submit through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing, operating, and improving the Service. You represent that you have the right to grant this license.

Content Moderation: We reserve the right to monitor, review, and remove any User Content at our sole discretion, particularly if it violates these Terms or applicable laws (e.g., copyright infringement, illegal material). If we receive a valid notice of infringement under laws such as the U.S. Digital Millennium Copyright Act (DMCA), we will promptly remove the content and notify you. You may submit takedown requests or counter-notices tohello@fous.com. We are not liable for User Content but will act as a "safe harbor" provider under applicable laws where eligible.

9. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to merchantability and fitness for a particular purpose.

10. Limitation of Liability

In no event shall Fous be liable for any indirect, special, incidental, consequential, or punitive damages. Our aggregate liability shall not exceed the amount you paid us in the three months preceding the incident, or $50, whichever is greater.

By You: You may terminate your account and stop using the Service at any time by cancelling your subscription (if applicable) and ceasing use.

By Us: We may suspend or terminate your access to the Service, in whole or in part, at our sole discretion, with or without notice, for any reason, including but not limited to:

• Violation of these Terms (e.g., breaching Acceptable Use rules).
• Non-payment of subscription fees.
• Suspected fraudulent or illegal activity.
• Protection of our rights, property, or other users.

Upon termination, your right to use the Service will cease immediately, and we may delete your account data, subject to our Privacy Policy. We will not be liable for any damages resulting from termination.

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.

Arbitration: Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. You waive your right to participate in class actions or class-wide arbitration. Each party will bear its own costs, except as otherwise required by law.

Exceptions: Notwithstanding the above, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or enforce these Terms.

13. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power outages, or cyberattacks.

14. Indemnification

You agree to indemnify, defend, and hold harmless Fous, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your User Content or its infringement of any third-party rights.
• Any negligent or willful misconduct on your part.