Terms of Service

 

By using and/or accessing https://foyr.com, the User enters into a legally binding agreement with RBJ International Pte Ltd., and its subsidiaries (Foyr LLC and RBJ Technologies Pvt Ltd) (collectively “Foyr”).

Please read these terms carefully. By accessing this Website or using our services, the User agrees to be bound by these User Terms of Service and the Subscription Terms of Service (if applicable), collectively the “Terms of Service.”

1. User Terms of Service

These Terms apply to all Users of https://foyr.com (the “Website”).

“Users” includes all visitors who access any Services on the Website.
“Services” means all services, platforms, or products provided through the Website, including but not limited to:

  • Foyr Neo
  • Foyr Storyteller
  • Foyr Ideate
  • Foyr Moodboard
  • Foyr Measure (iPhone app)
  • 3D rendering and modeling services
  • Any other products or services that Foyr may develop or release in the future
  • Foyr may modify, suspend, or terminate any aspect of the Services or Website at its sole discretion. In the event of material changes, Foyr will notify Users via email or prominent notice. Unplanned downtime may occur without notice.

2. Acceptable Use

Users must use the Website and Services lawfully and in accordance with these Terms. Users shall not:

  • Infringe intellectual property or proprietary rights
  • Post illegal, offensive, or misleading content
  • Harass or threaten others
  • Disseminate malware, spam, or unauthorized promotions
  • Impersonate others or commit fraud
  • Disrupt or interfere with the Website or other Users

3. Relationship Between User and Foyr

Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, agency, or employment relationship between the User and Foyr, or authorize either party to make commitments on behalf of the other. Foyr’s obligations are limited to the provision of the Services. Foyr is not an agent of the User.

4. Warranties

The User warrants that:

  • The User has the right and capacity to enter into and be bound by these Terms
  • The User will comply with all applicable laws regarding use of the Services and Website
  • The User agrees to abide by these Terms, as amended by Foyr from time to time

5. Disclaimers & Limitation of Liability

The Services and Website are provided “as is” and “as available.” To the fullest extent permitted by law, Foyr disclaims all representations, warranties, and conditions, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, and uninterrupted or error-free operation.

To the maximum extent permitted by law, Foyr and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunities. Foyr’s total aggregate liability shall not exceed the amount paid by the User for the Services in the three (3) calendar months preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability for:

  • Death or personal injury caused by Foyr’s negligence
  • Fraud or fraudulent misrepresentation
  • Gross negligence or willful misconduct
  • Any liability that cannot be limited or excluded under applicable law

6. Third-Party Services

Foyr may provide links to, integrate with, or allow interaction with third-party websites, social networks, advertising banners, payment processors, data stores, hosting companies, and other external services (“Third-Party Services”).

Foyr is not responsible for the content, accuracy, security, or performance of Third-Party Services. Use is entirely at the User’s own risk and governed by the third party’s terms.

Foyr depends on third-party providers (e.g., cloud hosts, network carriers, data centers) to make the Services available. Foyr is not liable for failures, delays, or outages caused by these providers, and Users accept the risk of such interruptions.

7. Intellectual Property

All intellectual property related to the Services and Website is owned by Foyr or its licensors. Users may not:

  • Modify, translate, or create derivative works of the Software or Website
  • Reverse engineer, decompile, disassemble, or reduce object code to source code
  • Distribute, sublicense, assign, share, buy, sell, rent, lease, or transfer the Software, Website, or User rights

Users may use Website material or content uploaded by others only for purposes related to the Services and in accordance with these Terms.

8. Indemnification

The User agrees to indemnify Foyr for all losses, liabilities, costs, and expenses (including legal fees) arising from:

  • Breach of these Terms
  • Infringement of intellectual property rights through User Submissions
  • Any information or material provided by the User

9. Confidentiality

Both parties agree to maintain the confidentiality of non-public, proprietary information received from the other. Foyr will take reasonable steps to prevent unauthorized disclosure, except as required by law or to deliver the Services. This obligation survives termination.

10. Cancellation & Refund Policy

Cancellation Notice: Users may cancel their subscription at any time before the Renewal Date to avoid charges for the next billing cycle. Cancellations must be made through account settings or by contacting support (effective upon written confirmation).

No Refunds: All payments are final and non-refundable, including for unused Services, partial billing cycles, or dissatisfaction with the Services. Early cancellations of annual plans do not qualify for pro-rated refunds.

Discounted purchases: Subscriptions purchased at discounted rates, including promotions, coupons, or limited-time deals, are strictly non-refundable.

Trial Conversion: Charges incurred when converting from a free trial to a paid subscription are final and non-refundable.

Legal Exceptions: Refunds will be provided only where required by applicable law (e.g., EU 14-day cooling-off period).

Service Interruptions and Force Majeure: Refunds will not be provided for downtime, maintenance, technical issues, dissatisfaction with features, or delays caused by events beyond Foyr’s control.

Definition of Renewal Date: The Renewal Date is the calendar day corresponding to the original purchase date, recurring monthly or annually, as selected by the User. All renewals occur automatically at 12:00 AM EST on the Renewal Date.

Chargebacks: All payments are final. Unauthorized chargebacks violate these Terms. Foyr may suspend or terminate the User’s account and contest chargebacks with proof of agreement and service usage.

 

11. Trial Consent & Marketing Communications

By opting in during registration for a Free Trial, Users agree to receive product-related emails, SMS, or calls. Users may opt out at any time via unsubscribe links or by contacting connect@foyr.com. Opting out does not affect essential transactional communications.

12. User Submissions

Foyr does not pre-screen User Submissions. Users warrant they have the right to use all submitted content. Foyr may refuse to publish or remove content that violates these Terms. Users warrant ownership or proper licensing for all materials provided.

13. Termination

 Foyr may suspend or terminate a User’s access without notice for violations of these Terms or legal obligations. Upon termination, User rights to access the Website or Services shall cease.

14. Data Protection

Foyr processes personal data in accordance with its Privacy Policy and applicable data laws, including Singapore’s PDPA. Both parties agree to process data lawfully.

15. Governing Law & Jurisdiction

For U.S.-based Users: governed by Delaware law.
For non-U.S. Users: governed by Singapore law.
Disputes shall be resolved in the courts of the applicable jurisdiction. The prevailing party may recover reasonable legal fees and costs.

16. Severability & Survival

If any provision is unenforceable, the remainder remains in effect. The following sections survive termination:

  • Intellectual Property
  • Indemnification
  • Limitations of Liability
  • Governing Law
  • User Submissions

17. Entire Agreement

These Terms constitute the full agreement between the User and Foyr. Any waiver must be in writing. Foyr’s failure to enforce any provision does not constitute a waiver.

18. Contact

For questions, complaints, or legal notices, please contact: connect@foyr.com.