1. Introduction

These Terms of Service (“Terms”, “Terms of Service”) are used to determine the rules of the Service and to clarify the legal relationship between the entity using the Service and the Company. FoxClear.com. (“Company”) operates web pages located at foxclear.com („Website”) and offers Service (as defined below in Section 2).

The Service is dedicated to the professional entities to help them to conduct their business. Using the Website and/or the Service in any manner, also by going through the Account registration process, the User or the Guest declares that:

• (i) he/she has read, understood and accepts the provisions of the Terms and Privacy Policy,
• (ii) his/her age and legal capacity enables to conclude an agreement with the Company,
• (iii) he/she has the right to act on behalf of the entity which he/she represents and his/her declarations are effective.

If the User does not agree to apply under the provisions of the Terms, he/she should not use the Service. In such a case however, the User may contact the Company by emailing at support@foxclear.com so the Company can try to find a solution.

2. Definitions

Unless otherwise indicated, the following capitalizes terms have the following meaning:

• Account – means individualized panel serving the User to exploit the Service and/or the Website.
• Agreement – means a subscription agreement that may be concluded between User and the Company, that specifies the scope and the price for using the Service.
• API – means FoxClear application programming interface to be integrated with the User’s software.
• Company – means FoxClear.com,
• Content – means the contents such as texts, pictures and other, which the Guest, or the User publishes, presents or sends on the Website or with the use of Service.
• Device – means devices such as a computer, telephone, smartphone, tablet or other electronic equipment which allows browsing web pages.
• Guest – means an entity browsing the Website.
• Intellectual Property – means any designations, inventions, utility models, industrial designs, works and other externalized expressions of creative activity that are the subject of exclusive rights of the Company.
• Licence – means a non-exclusive right to personal use of the API and/or the Widget.
• Link – means hyperlink referring to the Other Website.
• Mobile Device – means a portable device such as a telephone, smartphone, tablet or other electronic equipment which operates the Website and/or the Service.
• Notification – means message sent to the User as part of the Service.
• Other Websites – means websites other than the Website.
• Password – means the User’s anonymized verification tool which enables the access to the Account and is the sequence of signs possibly to entry by using the keyboard of the computer or Mobile Device, which also allows entering text messages in the amount and configuration invented by the User however containing at least 8 signs.
• Privacy Policy – means the Privacy Policy, which defines the rules of personal data processing by the Company, available under the following internet address: https://www.foxclear.com/privacy.
• Service – means together the Website, Widget and/or the API (depending on the scope dedicated to a given User pursuant to the Agreement).
• Terms – means these termsof service available under the following address: https://www.foxclear.com/terms.
• User – means an entity who owns the Account.
• Website – means web pages located at foxclear.com.
• Widget – means a FoxClear widget that may be implemented to the User’s website.

Above mentioned definitions retain their meaning regardless of whether they are expressed in the singular or the plural.

3. General Rules

Using the Service means full acceptance of the Terms. The Terms applies to relations between the Company and the Guest or the User only. If the Service and/or the Website introduces the possibility of providing services by other entities, they will be provided on the basis of regulations shared by these entities and only these entities will be responsible for the execution of the services, except the content of the Terms clearly and unambiguously indicates otherwise. Each entity using the Service and/or the Website is obliged to use it in accordance with its destiny resulting from the Terms. Using the Website is permissible provided that the Device meets jointly the following minimum technical requirements:

• has access to the Internet,
• allows the start-up of the one from following internet browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge,
• the internet browser version used cannot be older than one year,
• has JavaScript enabled.

Using the API is possible if the following minimum technical requirements are met:

• has access to the Internet,
• has software that enables sending HTTP requests.

Using the Widget is possible if the following minimum technical requirements are met:

• has access to the Internet,
• allows the start-up of the one from following internet browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge,
• the internet browser version used cannot be older than one year,
• has JavaScript enabled.

It is recommended to install anti-virus software on the Device or on the Mobile Device.

4. Account

Account set-up is possible through the Website. Account set-up requires logging in using Facebook account, Google account or registering by providing other personal email and Password. When you create an Account you should provide us with accurate, complete, and current information at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website and Service. You are responsible for maintaining the confidentiality of your Account and Password, including but not limited to the restriction of access to your Device or Mobile Device and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or Password, whether your Password is with our Website and Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

5. Communications

By creating an Account, you can agree to subscribe to newsletters, marketing or promotional materials and other information we may send.

6. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively “Promotion(s)”) made available through Service or Website may be governed by rules that are separate from these Terms (in particular set out in the Agreement, if concluded). If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.

7. Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your Account or by contacting Company’s customer support team at support@foxclear.com. A valid payment method, including credit or debit card, Apple Pay or Google Pay, is required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information including (i) full name, (ii) email address, (iii) country, (iv) business’s legal entity name, (v) VAT tax number and (vi) a valid payment method information. By submitting such payment information, you automatically authorize Company to charge all Subscription fees incurred through your Account to any such payment instruments. Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Company is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country in which the person submitting an order resides / is located. Payment of these additional fees remains the responsibility of the person submitting the order.

8. Fee Changes

The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

9. Refunds

Except when required by law, paid Subscription fees are non-refundable.

10. Content

Our Service and Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible, in particular to your customers, for Content that you post on or through Service including its legality, reliability, and appropriateness. By posting Content on or through Service or Website, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person orentity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

The Company has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

11. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.

Additionally, you agree not to:

• Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
• Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
• Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
• Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
• Take any action that may damage or falsify Company rating.
• Otherwise attempt to interfere with the proper working of Service.

12. Analytics

We may use third-party Service Providers tomonitor and analyze the use of our Service.

13. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

14. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

15. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of FoxClear.com and its licensors. Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FoxClear.com.

16. Error Reporting and Feedback

You may provide us directly at support@foxclear.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable local laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

17. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by FoxClear.com.

FoxClear.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT FOXCLEAR.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SERVICE PROVIDED BY FOXCLEAR.COM. WE STRONGLY ADVISE YOU TO READ AND UNDERSTAND THE TERMS AND CONDITIONS THAT GOVERN THE USE OF OUR SERVICES.

 
 

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1. Introduction

Please read this Privacy Policy (“Privacy Policy”) before using our Service including the Website, Widget and API (as defined below), referred to collectively as the “Service”. This Privacy Policy governs the types of information and data we collect and how we use and share this information. Your access to and use of the Service are available for your use only on the condition that you agree to the Terms of Service available under the following address: https://www.foxclear.com/terms (“Terms of Service”) which include the terms of the Privacy Policy set forth below. Foxclear.com (“Company”) operates the Service.

We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Service.

2. Definitions

API means FoxClear application programming interface to be integrated with the User’s software.

Cookies are small files stored on your Device.

Device means a computer or a mobile device.

Data Controller means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processors (or Service Providers) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject is any living individual who is the subject of Personal Data.

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Service means together the Website, Widget and/or the API (depending on the scope dedicated to a given User).

Usage Data is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).

User is the individual using our Service. User corresponds to the Data Subject, who is the subject of Personal Data.

Website means web pages located at foxclear.com.

Widget means a FoxClear widget that may be implemented to the User’s website.

3. The Data Controller

The controller of your Personal Data is: Foxclear.com.

4. Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

5. Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”), including:

• email address,
• first name and last name,
• Cookies and Usage Data.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a Device (“```html Usage Data”). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique Device identifiers and other diagnostic data. When you access Service with a Device, this Usage Data may include information such as the type of Device you use, your Device unique ID, the IP address of your Device, your operating system, the type of Internet browser you use, unique Device identifiers and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your Device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use:

• Session Cookies: We use Session Cookies to operate our Service,
• Preference Cookies: We use Preference Cookies to remember your preferences and various settings,
• Security Cookies: We use Security Cookies for security purposes,
• Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

6. Use of Data

Foxclear.com uses the collected Personal Data for various purposes:

• to provide and maintain our Service; type of Personal Data: email address, first name and last name, Cookies and Usage Data; necessity for the performance of a contract to which you are a party;
• to notify you about changes to our Service; type of Personal Data: email address, first name and last name, Cookies and Usage Data; necessity for the performance of a contract to which you are a party;
• to allow you to participate in interactive features of our Service when you choose to do so; type of Personal Data: email address, first name and last name, Cookies and Usage Data; necessity for the performance of a contract to which you are a party;
• to provide customer support; type of Personal Data: email address, first name and last name, Cookies and Usage Data; necessity for the performance of a contract to which you are a party;
• to gather analysis or valuable information so that we can improve our Service; type of Personal Data: email address, first name and last name, Cookies and Usage Data; legitimate interests of the Data Controller;
• to monitor the usage of our Service; type of Personal Data: email address, first name and last name, Cookies and Usage Data; legitimate interests of the Data Controller;
• to detect, prevent and address technical issues; type of Personal Data: email address, first name and last name, Cookies and Usage Data; legitimate interests of the Data Controller;
• to fulfill any other purpose for which you provide it; type of Personal Data: email address, first name and last name, Cookies and Usage Data; necessity for the performance of a contract to which you are a party;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; type of Personal Data: email address, first name and```html last name, Cookies and Usage Data; necessity for the performance of a contract to which you are a party;
• to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.; type of Personal Data: email address, first name and last name, Cookies and Usage Data; necessity for the performance of a contract to which you are a party;
• to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information; type of Personal Data: email address, first name and last name, Cookies and Usage Data; upon your consent;
• in any other way we may describe when you provide the information; type of Personal Data: email address, first name and last name, Cookies and Usage Data; necessity for the performance of a contract to which you are a party;

7. Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Your Personal Data processed upon your consent will be stored for as long as the relevant consent is not withdrawn and until the expiration of claims resulting from the Service. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

8. Transfer of Data

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. The Company will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. When we transfer your Personal Data to other countries, we will protect that Personal Data as described in this Privacy Policy and in accordance with applicable law. We use contractual protections for the transfer of Personal Data among various jurisdictions (the European Commission’s standard contractual clauses referred to in Article 46. 2 c) of the GDPR).

9. Disclosure of Data

We may disclose Personal Data you provide:

• under certain circumstances, if required to do so by law or in response to valid requests by public authorities;
• if we or our subsidiaries are involved in a merger, acquisition or asset sale;
• to our subsidiaries, affiliates, employees;
• to contractors, service providers, and other third parties we use to support our business;
• to fulfill the purpose for which you provide it;
• for the purpose of including your company’s logo on our Website;
• with your consent in any other cases.

We do not sell or otherwise share your Personal Data, except as described in this Privacy```html Policy.

10. Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

11. Your Data Protection Rights under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Foxclear.com aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data. If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

• The right to access, update or delete the information we have on you.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Data.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where Foxclear.com relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

12. Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

13. Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

14. Children's Privacy

Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

15. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

16. Contact Us

If you have any questions about this Privacy Policy, please contact us by email: support@foxclear.com

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