These Terms of Use (the “Terms”) are a contract between you and FoxIO, Inc. (“Foxio”) for provision of FoxIO's Employee Verification Application (“EVA” or the “EVA service”). By using the EVA service on the web or on any other application that gives access to the EVA service (e.g., within another platform like Slack or Microsoft Teams), you are bound to agree to the following Terms of Use.
If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these Terms, you are not authorized to use the EVA service.
FoxIO reserves the right to update and modify the Terms at any time without notice. New features that may be added to the EVA service shall be subject to the Terms. Should you continue to use the EVA service after any such modifications have been made, this continued use shall constitute your agreement to such modifications.
The word mark “FoxIO”, the FoxIO logos, and any other source identifiers are trademarks of FoxIO.
You may use the EVA service only if you are 16 years or older and capable of forming a binding contract with FoxIO and are not barred from using the EVA service under applicable law.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for maintaining the privacy and security of your account. FoxIO will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
FoxIO may communicate with you via email, in-app messages or pushed notifications regarding your account, system updates, or other issues related to your account.
You are responsible for all Content (as specifically defined below) sent and any other activity that occurs under your account (even when Content is sent by others to your account).
You may not use the EVA service for any illegal or unauthorized purpose. You must not, by your of the EVA service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Your login details may be used up to a maximum of five concurrent sessions.
FoxIO may refuse service to anyone for any reason at any time.
A valid credit card or bank account is required for paying accounts.
Free accounts are not required to provide a credit card number.
Should you upgrade or downgrade your plan, you will be charged your new billing rate immediately.
The EVA service is billed in advance in accordance with our pricing schedule and all monthly payments are nonrefundable.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
Discounts will not be extended for a period of more than twelve (12) months.
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, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the EVA service and payments made by you herein.
FoxIO reserves the right to modify, suspend, or discontinue the EVA service at any time for any reason with or without notice.
FoxIO reserves the right to change our monthly/annually fees upon 30 days notice from us. A fee change will be notified via email to all our subscribers and will be reflected on the Pricing page.
FoxIO reserves the right to 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 these Terms.
You alone are responsible for properly cancelling your subscription. Any received email or phone request to cancel your subscription shall result in cancellation.
Any cancellation of your subscription will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. This information cannot be recovered from FoxIO once your subscription is cancelled.
Please be aware that you can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service.
FoxIO reserves the right to (i) modify or discontinue, temporarily or permanently, the EVA service (or any part thereof) and (ii) refuse any and all current and future use of the EVA service, suspend or terminate your account (or any part thereof) or use of the EVA service and remove and discard any of your Content, for any reason, including if FoxIO believes that You have violated these Terms.
FoxIO will use all reasonable efforts to contact you directly to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the EVA service, may be referred to appropriate law enforcement authorities. FoxIO shall not be liable to you or any third party for any modification, suspension or discontinuation of the EVA service.
For purposes of these Terms:
(i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the EVA service; and
(ii) “User Content” means any Content that users (including you) provide to be made available through the EVA service. Content includes without limitation User Content.
FoxIO does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, FoxIO and its licensors exclusively own all right, title and interest in and to the EVA service and Content, including all associated intellectual property rights. You acknowledge that the EVA service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the EVA service or Content.
By making any User Content available through the EVA service, you hereby grant to FoxIO a non- exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, and distribute your User Content in connection with the following limited purposes:
providing the EVA service to you and your organization as contemplated by these Terms; and
creating de-identified aggregated benchmark data.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant FoxIO the license rights in your User Content under these Terms.
You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the EVA service, nor any use of your User Content by FoxIO on or through the EVA service will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any contract by which you are bound or the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it, or by following procedures outlined in our Privacy Policy.
Your use of the EVA service, including any Content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the EVA service.
You agree not to resell, duplicate, reproduce or exploit any part of the EVA service without the express written permission of FoxIO.
You agree not to export or collect, by any electronic or other means, email addresses or other information of other users of the EVA service for the purpose of sending emails or other unsolicited correspondence.
You agree not to act in a way that risks damaging, deactivating, or overloading the EVA service or its infrastructure.
You agree not to distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of the EVA service or its infrastructure.
FoxIO makes no warranties regarding (i) your ability to use the EVA service, (ii) your satisfaction with the EVA service, (iii) that the EVA service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the EVA service, and (v) that bugs or errors in the EVA service will be corrected. FoxIO and its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the EVA service. Your sole remedy for dissatisfaction with the EVA service is cessation of use.
If any provision of the Terms is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
FoxIO may, but has 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.
The failure of FoxIO to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms set forth the entire understanding between you and FoxIO as to the EVA service and supersedes any prior agreements between you and FoxIO (including, but not limited to, prior versions of the Terms of Use).
Any questions regarding these Terms should be addressed to contact@foxio.io
Unless otherwise required by law - and which shall only be applied strictly for its intended purpose, it is expressly agreed that US law shall be the law applicable to these Terms and any litigation between you and FoxIO related to the use of the EVA service shall be submitted to the jurisdiction of a competent court in Texas.
These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
To support delivery of our services, FoxIO may use data processors with access to certain customer data (referred to as a subprocessor). For such purposes, we will provide information about the identity, location, and role of each subprocessor.
FoxIO uses several third-party subprocessors to provide infrastructure services, customer support and relationship management, performance analytics, and email communications. Prior to use of any of these third-party services, FoxIO conducts a thorough evaluation of their privacy, security, and confidentiality practices before implementing them.
| Entity Name | Subprocessing Activity | Entity Country |
|---|---|---|
| Amazon Web Services, Inc. | Cloud Service Provider | United States |
| Stripe, Inc. | Cloud-Based Payment Infrastructure Provider | United States |