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FoxPlan Terms of Service

Last Modified: January 12, 2014

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 constitutes the entire agreement between you and us. Terms govern your use of the Service, 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 violates 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"). Therefore, we encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don't agree to any of the changes, we're not obligated to keep providing the Service, and you must cancel and stop using the Service.

Violation of any of the terms will result in in temporary or permanent suspension of your Account with or without notice.

Account terms

1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

2. 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'd like.

3. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

4. You are responsible for all contents posted and activity that occurs under your account.

5. 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.

6. 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 technical requirements of connecting networks or devices.

7. 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.

8. You must not transmit any worms or viruses or any code of a destructive nature.

9. If your bandwidth usage exceeds 500 MB/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.

10. In order to use the Service, Subscribers must have or must obtain access to the World Wide Web (Internet), either directly or through devices that access Web-based contents. Subscribers must also provide all equipment necessary to make such (and maintain such) connections to the World Wide Web.

API terms

1. Customers may access their FoxPlan account data via an API (Application Program 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, refund, upgrading, downgrading terms and plan

1. A valid credit card is required for paying accounts.

2. After 30 days trial account 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.

3. 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.

4. 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.

5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the prorated amount.

6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. We do not accept any liability for such loss.

7. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, 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

1. You are solely responsible for properly canceling your account. Email or phone account cancellation requests are not acceptable unless a specific issue preventing you from doing so has been identified and acknowledged by project Portfolio Admin. You can cancel your account at any time by clicking on the Environment screen and Subscription sub-screen.

2. All of your contents will be kept for 1 year upon cancellation. After that period the contents will be automatically deleted, the content can not be recovered then.

3. 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 the paid month or year.

4. We, in its sole discretion, has the right 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 of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all contents in your Account. We reserve the right to refuse service to anyone for any reason at any time.

Copyright and content ownership

1. All contents posted on the Service must comply with copyright law.

2. We claim no intellectual property rights over the material you provide to the Service. Your contents and materials uploaded remain yours.

3. FoxPlan does not pre-screen contents, but FoxPlan and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any contents that are available via the Service.

4. The look and feel of the Service is copyright©2013 FoxPlan, EIRL Gilles Kieffer. 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 express written permission from us.

5. You must not modify, adapt or hack the Service or modify another web site so as to falsely imply that it is associated with the Service.

Disclaimer

1. You agree to use the Service at your own risk. The service is provided on an “as is” and “as available” basis.

2. We are not responsible or liable for the deletion of or failure to store any contents and other communications maintained or transmitted through use of the service. The customer is solely responsible for securing and backing up its customer data. We do not warrant that the operation of the services will be error-free or uninterrupted. Neither are the services designed, manufactured, or intended for high risk activities.

3. We cannot be held responsible for the contents 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).

4. 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 or the inability of the service.

5. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

6. We do not guarantee that the service will meet your specific requirements,nor 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

1. We will not be liable under this agreement for lost revenue or indirect, special, incidental, consequential, exemplary, or punitive damages, if the party knew or should have known that such damages were possible and even if direct damages do not safety a remedy.

2. We may not be held liable under this agreement for more than the amount paid by customers to us during the twelve months prior to the event giving rise to liability.

3. 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 Us 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.