Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Foxtly platform and services. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Foxtly Inc. ("Foxtly," "we," "our," or "us"), a Delaware corporation. By accessing or using our website at www.foxtly.com or our AI Marketing Platform (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Description of Services

Foxtly provides an AI-powered marketing platform that enables small and medium-sized businesses to connect their advertising accounts (including Meta, Google, and other platforms), view consolidated marketing analytics, receive AI-generated optimization recommendations, and manage marketing campaigns — all from a single dashboard.

The Services are provided on a subscription basis. Features available to you depend on the subscription plan you select.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or your organization. By using the Services, you represent and warrant that you meet these requirements.

2.2 Account Creation

To access the Services, you must create an account and provide accurate, complete, and up-to-date information. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Promptly notifying us of any unauthorized use of your account at support@foxtly.com

We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.

2.3 One Account Per User

Each account is for use by a single business entity. You may not share your account with multiple organizations or use a single account to manage multiple unrelated businesses without our prior written consent.

3. Subscription Plans and Payment

3.1 Subscription Plans

Foxtly offers subscription plans as described on our pricing page at foxtly.com/pricing. Plan features, pricing, and limitations are subject to change with reasonable advance notice to existing subscribers.

3.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees due.

All fees are stated and charged in US Dollars (USD)
Subscription fees are non-refundable except as expressly stated in Section 3.4
We may change subscription fees upon 30 days' written notice; continued use after the notice period constitutes acceptance

3.3 Free Trials

We may offer free trial periods at our discretion. At the end of a free trial, your subscription will automatically convert to a paid plan unless you cancel before the trial expires. No charge will be made during the trial period.

3.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting support@foxtly.com. Cancellation takes effect at the end of the current billing period; you will retain access to the Services through that date. We do not provide prorated refunds for partial billing periods, except where required by applicable law.

3.5 Late Payments

If a payment fails, we will attempt to charge the payment method on file again. If payment is not received within 10 days, we reserve the right to suspend or downgrade your account until payment is received.

4. Third-Party Integrations

4.1 Meta (Facebook and Instagram)

The Services allow you to connect your Meta advertising and social media accounts via Meta's official OAuth authorization. By connecting your Meta accounts, you:

Authorize Foxtly to access your Meta Pages, Instagram accounts, Ad Accounts, and related data as permitted by the permissions you grant
Confirm that you own or are authorized to manage all connected accounts
Agree to comply with Meta's Terms of Service and applicable advertising policies
Acknowledge that Meta's availability and API terms may change, and that we cannot guarantee uninterrupted access to Meta data

4.2 Google and Other Platforms

Similar terms apply when connecting Google Ads, Google Search Console, or other third-party platforms. You are responsible for compliance with each platform's terms of service.

4.3 Third-Party Responsibility

Foxtly is not affiliated with, endorsed by, or responsible for Meta, Google, or any other third-party platform. We are not liable for any changes, outages, or policy changes made by these platforms that affect the Services.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Services to violate any applicable law, regulation, or third-party rights
Upload or distribute malicious code, viruses, or harmful content
Attempt to gain unauthorized access to any part of the Services or related systems
Use the Services to engage in deceptive advertising, spam, or fraudulent activities
Reverse engineer, decompile, or attempt to extract the source code of the Services
Resell, sublicense, or transfer access to the Services without our written consent
Use automated means (bots, scrapers) to access the Services in ways not intended by these Terms
Violate Meta's, Google's, or any other connected platform's advertising policies through use of the Services

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these Terms.

6. Intellectual Property

6.1 Foxtly IP

The Services, including all software, algorithms, designs, text, graphics, logos, and other content created by Foxtly, are owned by Foxtly Inc. and protected by copyright, trademark, patent, and other intellectual property laws. Nothing in these Terms grants you any ownership rights in the Services.

6.2 Your Content and Data

You retain ownership of all data, content, and materials you upload to or generate through the Services ("User Content"). By using the Services, you grant Foxtly a limited, non-exclusive, royalty-free license to access, process, and display your User Content solely to provide the Services.

We do not claim ownership of your advertising data, campaign data, or any data retrieved from third-party platforms on your behalf.

6.3 Feedback

If you provide feedback, suggestions, or ideas regarding the Services, you grant us the right to use such feedback without restriction or compensation to you.

7. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Privacy

Your use of the Services is also governed by our Privacy Policy, available at foxtly.com/privacy. The Privacy Policy is incorporated into these Terms by reference.

9. Disclaimers and Limitation of Liability

9.1 No Guarantee of Results

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FOXTLY DOES NOT GUARANTEE ANY SPECIFIC MARKETING RESULTS, RETURN ON AD SPEND, OR BUSINESS OUTCOMES FROM USE OF THE SERVICES. MARKETING PERFORMANCE DEPENDS ON MANY FACTORS OUTSIDE OUR CONTROL.

9.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOXTLY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOXTLY'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FOXTLY IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100). IN NO EVENT SHALL FOXTLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Foxtly Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including Meta's or Google's terms of service; or (d) your User Content.

11. Termination

11.1 Termination by You

You may terminate your account at any time by cancelling your subscription through your account settings or by contacting us at support@foxtly.com.

11.2 Termination by Foxtly

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or illegal activity, or for any other reason at our sole discretion. We will make reasonable efforts to notify you in advance except where immediate termination is necessary to prevent harm.

11.3 Effect of Termination

Upon termination, your right to access the Services ceases immediately. We will delete your data in accordance with our Privacy Policy. Sections 6, 7, 9, 10, and 13 of these Terms survive termination.

12. Modifications to the Services and Terms

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. We will provide reasonable notice of material changes. We may also update these Terms from time to time. We will notify you of material changes by email or through the Services at least 30 days before the changes take effect. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If not resolved within 30 days, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English in Wilmington, Delaware. The arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

13.4 Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

14. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Foxtly regarding the Services and supersede all prior agreements
Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect
No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right
Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign these Terms freely
Force Majeure: We are not liable for failure to perform due to causes beyond our reasonable control, including internet outages, third-party platform changes, or acts of God
Notices: All legal notices to Foxtly must be sent to support@foxtly.com or to our registered address below

15. Contact Information

Foxtly Inc.
A Delaware Corporation
1111B South Governors Ave, Suite 80381, Dover, DE 19904, United States
Email: support@foxtly.com
Website: www.foxtly.com