TERMS OF SERVICE

TERMS OF SERVICE

By using and/or accessing https://www.foyr.com, the User consents to a legally binding agreement with RBJ International Pte Ltd., and its subsidiaries (Foyr LLC and RBJ Technologies Pvt Ltd) (collectively “Foyr”), the owner and administrator of the Website. 

Please read these terms very carefully. By using and accessing this website the User agrees to  read, understand and agree to be bound by these User Terms of Service and the Subscription Terms of Service (if applicable) (collectively, the “Terms of Service”).  

PAYMENTS & REFUNDS

For customers that purchase our service, the price mentioned at the time of check out must be paid in advance. We also offer discounts at the time of checkout which are only applicable on the first billing cycle.

Unless otherwise specified, all subscription fees are non-refundable. We do not provide refunds or credits for any partial use or non-use of services.

USER TERMS OF SERVICE

These User Terms of Service apply to all Users of the https://www.foyr.com (the “Website”).  “Users” means all visitors to the Website who use the Services (as defined below) regardless of whether that visitor has a subscription or other agreement with Foyr. Your use of the Website constitutes your consent to the User Terms of Service and Privacy Policy. “Services” mean access to and use of the Website and any services, platforms, or Products available on the Website.  “Product” means Foyr’s Storyteller and Neo products.

Foyr may, from time to time, and at its sole discretion, add, modify, suspend or terminate the Website or any Services provided on the Website.  Foyr will notify Users of any such changes in accordance with these Terms of Service. Foyr shall have no obligation to notify the User in the event of an unplanned service downtime.

ACCEPTABLE USE

The User shall at all times use the Services and the Website in accordance with these Terms of Service.

The User shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between User and with Foyr, and all other material of any format (“Submissions”) comply with all applicable laws and legislations.  User specifically agrees that User will not: 

  • infringe any intellectual property rights or other proprietary rights of any third party
  • post offensive, illegal, inappropriate material
  • promote racism, bigotry, hatred or physical harm of any kind against any group or individual
  • harass or advocate for the harassment of another person, including invasion of privacy
  • display pornographic or sexually explicit material
  • promote any abusive, threatening, obscene, defamatory or libelous conduct
  • promote or encourage illegal activities 
  • create or disseminate computer viruses, spam, junk mail or any unsolicited mass mailing.
  • promote or post inaccurate, false or misleading information
  • engage in the promotion of contests, sweepstakes and pyramid schemes
  • use the Website for any fraudulent purpose, including impersonating another user 
  • do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any persons using the Services and/or the Website or in respect of the network.
RELATIONSHIP BETWEEN USER AND FOYR

Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between the User and Foyr, appoint either party as the agent of the other, nor authorize either party to make or enter into any commitments for or on behalf of the other party. Foyr’s obligations shall be limited only to the provision of the Services.  Foyr is not an agent of User, nor does Foyr owe any obligation to the User other than those described in these Terms of Service.  

MISCELLANEOUS
Warranties

User hereby warrants that (a) the User has the right and capacity to enter into and be bound by these Terms of Service; and (b) the User shall comply with all applicable laws regarding the User’s use of the Services and the Website; and (c) the User agrees to abide by these Terms of Service, as may be amended by Foyr from time to time.   

Disclaimers

EXCEPT AS EXPRESSLY SET OUT HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOYR EXPRESSLY EXCLUDES ALL REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES IN CONNECTION WITH THE SERVICES AND THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE ARE HEREBY EXCLUDED AND DISCLAIMED.

Third Party Services

Foyr may display or provide links or other interaction with third party websites and third party advertising banners on the Website (“Third Party Websites”). In particular, the Services may also provide the User with the opportunity to connect, import and view output and other information through Third Party Websites and other third party services such as social networking and property portal sites. Foyr does not make any representation as to the security, content, or operations of any Third Party Website Use of any such Third Party Websites and services shall be solely at the risk of the User and subject to the terms and conditions of the Third Party Website provider.

Foyr may rely on other third party service providers (such as network provider, data centers, telecommunication providers) to make the Services and the Website available to the User. Whilst Foyr takes all reasonable steps available to it to provide Users with the Services, Foyr does not and cannot guarantee that such service shall be fault free or uninterrupted at all times. Foyr therefore shall not be liable in any way for any losses User may suffer as a result of delays or failures of the Services and Website due to the action or inaction of Foyr’s third party service providers.

Intellectual property rights

Foyr and its licensors own all rights in the intellectual property rights relating to the Services and the Website, including but not limited to all software forming part of the Website (“Software”). Those works are protected by copyright laws and treaties around the world. Nothing in this Agreement will serve to transfer from Foyr to the User any of the Software or Website, and all right, title and interest in and to the Software and the Website remain exclusively with Foyr and/or Foyr’s licensors. All rights in and to the Software and the Website not expressly granted to the User are reserved by Foyr.

The User shall not: (i) modify, translate, create or attempt to create derivative copies of or copy the Software or the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the Website to source code form; (iii) distribute, sub-license, assign, share, timeshare, buy, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the Website or the User’s right to use the Software or the Website.  

The User agrees to use Website material and any material uploaded by any other user only for purposes related to the Services and/or the Website in accordance with these Terms of Service.  User may create copies of Website material solely for purposes described by the Services or these Terms of Service.

Indemnification

User hereby indemnifies Foyr for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Foyr which arise directly or indirectly from a breach by the User of the Terms of Service, including by not limited to any infringement of any intellectual property right by the use or possession of the Customer Submission (as defined below), and all other information and material provided by the User to Foyr.

General

If Foyr fails at any time to insist upon strict performance of its obligations under these Terms of Service, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms of Service, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by Foyr of any of these Terms of Service shall be effective unless it expressly stated to be a waiver and is communicated to the User in writing.

All notification and communication to Foyr should be sent to the contact details made available to the User on the Website.

If any portion of these Terms of Service are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

The User acknowledges that in entering into these Terms, the User has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms of Service.

Foyr reserves the right to modify these Terms of Service at any time, with or without notice to the User. Continued use of the Website and Services indicates User’s consent to the Terms of Service.  

Unless otherwise specified by an external contract, these Terms of Service and any disputes arising out of or related hereto, as to all United States-based Users, are governed by the laws of the United States and the state of Delaware; and as to all non-U.S.-based Users, the laws of Singapore, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Terms of Service and any related agreements, their formation, interpretation or enforcement.  The User hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

Foyr reserves the right to take any action that Foyr deems necessary to enforce its rights under these Terms of Service including, without limitation, suspension or termination of User’s use of the Services and/or access to the Website, the commencement of legal proceedings, or disclosure of information to any third party in response to legal process or requests for information.

DATA PROTECTION & PRIVACY POLICY

Foyr use of electronic data is explained in its Privacy Policy. The link to the Privacy Policy is https://foyr.com/privacy-policy.

Foyr processes personal data in accordance with ( Singapore  Personal Data Protection Act 2012 and General Data Protection Regulation 2016 EU 2016/679, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (together “the Data Protection Legislation”)) which it collects in the course of providing the services as per it’s  Privacy Policy which is accessible on the Website. The User and Foyr shall comply with these and all other successor legislation and regulations in the performance of the obligations set out under these Terms.

 

CUSTOMER TERMS OF SERVICE

Enterprise Customers” are those Users who have separately entered into an agreement with Foyr for particular enterprise services related to the Products.  “Non-enterprise Customers” are those Users who have separately entered into an agreement with Foyr for defined non-enterprise services related to the Products. Enterprise Customers and Non-enterprise Customers (collectively “Customers”) are subject to Foyr’s Customer Terms of Service as well as the User Terms of Service. 

Registration

In order to use the Services, the Customer shall first be required to register with Foyr either by completing the online registration form on the Website or signing a contractual agreement with Foyr.  The terms of online registration are subject to these Terms of Service and any contractual agreement between Customer and Foyr. Customers must be 18 years or older or at least the age of majority in the jurisdiction in which Customer resides or from which Customer uses Services. Customer must provide all required information including full legal name, current address, a valid email address, and any other information needed in order to complete the registration. Foyr reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to Foyr. 

At any time upon notice to the Customer, and at Foyr’s sole discretion, Foyr may require the Customer to execute or provide further documents to confirm the Customer’s registration and use of the Services.

Trial Access 

Access to the Website is open to public but access to Services may be granted to the Customer on a trial basis (“Trial”) according to the terms described in these Customer Terms of Service. The Customer acknowledges and agrees that during the Trial, these Terms of Service shall apply, including the following specific terms:

  • Access to the Services during the Trial will be provided either at no cost to the Customer or at a nominal fee which shall be disclosed to Customer before the trial period begins;
  • Such access is solely for the purpose of offering the Customer a preview demonstration of the functionality and features of Product or Services; 
  • The functionality of the product or Service during a trial may be limited or restricted; and
  • Foyr may withdraw or suspend the Customer’s access to the Product or Service at any time during the Trial, and at the completion of the Trial continued access to the Website and/or Services will be subject to payment of Fees or charges or require written permission from Foyr.
Customer Submissions

Unless otherwise explicitly stated by Foyr, and aside from the information entered during the registration process, Foyr does not vet, verify the accuracy, correctness and completeness, edit or modify any material submitted by Customer, or any other information, data and materials created, used and/or published by the Customer on the Website ( the “Customer Submission”), to determine whether such Customer Submission may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material and Foyr disclaims any representations made as to any Customer Submissions.

Foyr reserves, at its sole discretion, the right to refuse to publish any material submitted by the Customer. Foyr may remove or edit a Customer Submission), if Foyr determines in its sole discretion that the Customer’s use of the Services and/or the Website breaches these Terms of Service.

The Customer warrants that the Customer owns or has the right or license to use the intellectual property rights in any Customer Submission, and all information and materials provided by the Customer to Foyr that is not a Customer Submission.

Termination

Customers who directly subscribed and paid on the Website may terminate their contract by cancelling their subscription on the Website at any time by following the prompts in the Customer’s online account or by contacting customer support. All fees are non-refundable.

Foyr may, at its sole discretion, suspend and/or terminate the Customer’s access and use of the Website and/or the Services: 

  • if Foyr’s network providers and suppliers cease providing Foyr with their services; or
  • if Foyr has reason to believe that the Customer has breached any of the provisions of these Terms. 

If Foyr has reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, Foyr at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.

Upon termination of the Customer’s Contract in accordance with these Terms of Service or otherwise, the Customer may no longer access or use the Services and the Website.