Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legal agreement between you ("Client") and Foohat ("Company") for access to and use of the Company's platforms and related subscription services ("Services"). By accessing or using the Services, you represent that you are authorized to accept this Agreement on Client's behalf, and you accept the terms and conditions herein. If you do not accept all of these terms, you are not authorized to access or use the Services. The Services are offered to users who are eighteen (18) years of age or older.

2. Services and Terms

Subject to the terms and conditions of this Agreement, the Company grants to Client a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right for Client's authorized employees, agents, representatives, consultants, and contractors ("Authorized Users") to access and use the Services described in an applicable Order Form during the Term for Client's internal business purposes only.

3. Ownership

The Site and Application, as well as all content therein, including but not limited to text, images, software, concepts, methods, technology, and any other information, are owned by us or our licensors. All rights not specifically granted to Client hereunder are reserved by Company.

4. License and Restrictions

You are granted a non-exclusive, non-transferable license to display and view the Site or Application on your personal computer or mobile device, and to print any visible and printable pages without any modification. You may not otherwise modify, adapt, translate, compile, reverse engineer, reverse compile, copy, distribute, transmit, display, perform, upload or otherwise use or access any part of the Site or Application in any other way unless with our explicit written consent.

5. User Responsibilities

You are responsible for ensuring that your use of our services complies with all applicable laws and regulations and does not infringe upon the rights of others. You are also responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

6. Privacy

We respect your privacy. We collect and use your personal information to better serve you and to protect our systems. Please see our Privacy Policy for more information. Our use of your data is governed by our Privacy Policy, which is incorporated by reference into these Terms.

7. User Content

You are responsible for any content you upload or post on the Site or Application, and you agree that we may delete or modify such content at any time. We do not guarantee that the Site or Application will meet your requirements or that it will always be available, secure or error-free. We also do not guarantee that the Site or Application will provide accurate or up-to-date information.

8. Third-party Links

The Site or Application may contain links to third-party websites or resources that are not under our control. We are not responsible for the content of these links or for any products or services provided by the linked websites. We make no warranties of any kind regarding the linked websites or resources.

9. Intellectual Property

Foohat and all its content, features, and functionality are the exclusive property of Foohat or its licensors, protected by copyright, trademark, patent, and other laws. All rights, title, and interest in and to the Services (excluding Client Data) remain with Foohat.

10. Limitation of Liability

We do not guarantee that the Site or Application will meet your requirements or that it will always be available, secure or error-free. We also do not guarantee that the Site or Application will provide accurate or up-to-date information. We will not be liable for any direct or indirect losses arising from your use of the Site or Application unless required by law. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES.

11. Service Changes and Termination

We reserve the right to modify or terminate the service at any time without prior notice. Either party may terminate this Agreement if the other party fails to cure a material breach within thirty (30) days after receipt of written notice.

12. Disclaimer

Our services are provided "as is" without any express or implied warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES, THE DOCUMENTATION, AND ANY PROFESSIONAL SERVICES DELIVERABLES PROVIDED BY COMPANY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

13. Indemnification

You agree to indemnify and hold Foohat and its affiliates, directors, employees, and agents harmless from any claims, losses, or expenses arising from your use of our services or violation of these terms.

14. Modification and Update

We reserve the right to modify these Terms at any time without prior notice to you. Please check these Terms regularly for updates. All modifications are effective immediately when posted.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the People's Republic of China. If you do not agree to these Terms, please do not use the Site or Application.

16. Contact Us

If you have any questions about these Terms of Service, please contact us at [email protected].