Legal

Foil Self-Serve Terms and Conditions

Foil self-serve terms governing dashboard, SDK, API, and related services.

Version V2 · Effective October 23, 2026 · Last updated October 25, 2026

These Foil Self-Serve Terms and Conditions (the “Terms”) are a binding agreement between ABXY, Inc., a Delaware corporation (“Foil,” “we,” “us,” or “our”), and the person or entity accepting these Terms (“Customer,” “you,” or “your”).

By clicking a button or taking another action presented to you as manifesting assent to these Terms, by selecting “Create account,” by using a social-login or passkey flow presented with a conspicuous notice linking to these Terms, by creating an account, accessing the dashboard, using an API key, integrating the SDK or API, purchasing a plan, or otherwise using the Services, you agree to these Terms. If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization.

These Terms are effective for each Customer on the date that Customer first accepts them or otherwise agrees to them.

These Terms include any applicable checkout flow, order page, order form, service-specific terms, beta terms, and the Foil Data Processing Addendum (“DPA”), if and to the extent applicable. If you and Foil have entered into a separate written master services agreement, order form, or other negotiated agreement governing the Services, that agreement will control to the extent of any conflict with these Terms.

The Services are intended for business use and not for personal, family, or household use unless Foil expressly agrees otherwise in writing.

1. The Services

Foil provides a managed anti-abuse, fraud, automation-detection, identity-verification, device-intelligence, and security service that may include websites, documentation, browser SDKs, APIs, dashboard functionality, analytics, logs, investigation tools, session analysis, fingerprints, verification workflows, and related features (collectively, the “Services”).

Foil’s outputs, including scores, classifications, verdicts, fingerprints, reputation indicators, verification results, and investigation information, are probabilistic risk signals and operational tools only. You are solely responsible for how you use those outputs and for any decisions or actions you take in reliance on them.

Unless expressly stated otherwise in writing, the Services are not intended to serve as legal advice, compliance advice, a consumer report, an investigative consumer report, a guaranteed identity proofing outcome, or a substitute for your own review and decision-making.

2. Eligibility and Account Registration

You may use the Services only if:

  1. you are at least 18 years old and capable of forming a binding contract;
  2. you are not prohibited from using the Services under applicable law;
  3. you provide accurate and complete registration information; and
  4. you will keep your account information current.

You are responsible for all activity that occurs under your account, organization, credentials, and billing profile. Foil may require email verification, password authentication, passkeys, multi-factor authentication, invite codes, identity verification, payment verification, or additional verification steps as conditions of access or continued use.

3. License and Permitted Use

Subject to these Terms, Foil grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the Term for your internal business purposes and only in connection with websites, apps, and digital services that you own, control, or are authorized to operate.

You may not resell, lease, sublicense, time-share, or otherwise make the Services available to third parties except as expressly authorized by Foil in writing.

You may not use the Services on behalf of, for the benefit of, or as a managed service for third parties, clients, or affiliates that are not party to these Terms unless Foil approves that use in writing. If Foil provides such approval, Customer must maintain written terms with those third parties that are at least as protective of Foil as these Terms, and Customer remains fully responsible for all acts and omissions of those third parties, Authorized Users, and anyone using the Services through Customer’s account or implementation.

4. Customer Responsibilities

You are responsible for:

  1. your implementation and configuration of the Services;
  2. all websites, apps, or services on which you deploy the Services;
  3. all authorized users and administrators you allow to access the Services;
  4. your use of Foil outputs and any downstream actions or decisions;
  5. compliance with all laws applicable to your use of the Services, including privacy, data protection, consumer protection, payment, sanctions, biometric, employment, anti-discrimination, and automated decision-making laws where applicable;
  6. maintaining readily accessible privacy notices and obtaining all consents, permissions, or authorizations required for your deployment of cookies, fingerprinting, fraud detection, identity verification, payment screening, and similar technologies;
  7. ensuring that your use of the Services does not unlawfully discriminate against any person or category of persons;
  8. avoiding the transmission of unnecessary sensitive personal data, secrets, full payment card data, Social Security numbers or similar government identifiers, financial account credentials, health data, precise geolocation, biometric identifiers or templates, or children’s data through the Services unless Foil has expressly agreed in writing to support such data under supplemental terms;
  9. if you use the Services in connection with high-impact or regulated decisions, including credit, housing, employment, education, healthcare, benefits, age- or identity-gated access, or similar decisions, ensuring appropriate human review and compliance with all applicable automated decision-making, anti-discrimination, consumer-protection, and sector-specific laws;
  10. not using the Services as a consumer report or investigative consumer report, as a substitute for either, or as the sole basis for an adverse action or eligibility decision under the Fair Credit Reporting Act or similar laws, unless Foil expressly agrees in writing and you independently ensure legal compliance;
  11. using the Services in a manner consistent with your own privacy notices and contracts; and
  12. ensuring that any authorized agency, reseller, affiliate, or client-side use approved by Foil complies with these Terms and any applicable pass-through terms.

You will not intentionally include sensitive data in URLs, referrers, page metadata, or other fields sent to Foil if that data is not necessary for your use of the Services.

5. API Keys, Credentials, and Security

You must:

  • keep passwords, passkeys, secret keys, and other credentials confidential;
  • use secret API keys only in secure server-side environments and never expose them in client-side code;
  • rotate, revoke, or replace credentials promptly if you suspect compromise;
  • configure origin restrictions and other access controls where available;
  • use reasonable administrative, technical, and organizational safeguards to protect access to the Services; and
  • notify Foil promptly of any unauthorized access, suspected breach, or misuse involving your account, payment instrument, or credentials.

Foil may enforce rate limits, route restrictions, origin restrictions, session controls, payment verification steps, and other technical or operational limits.

6. Acceptable Use Restrictions

You will not, and will not permit any third party to:

  1. use the Services in violation of law or third-party rights;
  2. use the Services on properties you do not own, control, or have authorization to protect;
  3. use the Services to stalk, profile, harass, suppress, or otherwise unlawfully target individuals;
  4. use the Services, Documentation, outputs, or Confidential Information to develop, train, benchmark, calibrate, validate, market, or improve a competing or substitutable product or service, or any dataset, signature library, fingerprinting system, model, scoring system, or rule set that competes with the Services;
  5. copy, modify, reverse engineer, decompile, disassemble, decode, scrape, or otherwise attempt to derive source code, trade secrets, models, weights, signatures, thresholds, rules, detections, or any non-public aspect of the Services, except to the extent such restriction is prohibited by law;
  6. use the Services or outputs to discover, map, test, infer, evade, or train against Foil’s non-public detections, thresholds, coverage, or decision logic;
  7. publish or disclose any benchmark, test result, competitive comparison, performance evaluation, or security analysis concerning the Services without Foil’s prior written consent;
  8. interfere with or disrupt the integrity, performance, availability, billing, or security of the Services;
  9. attempt to bypass rate limits, access controls, origin restrictions, payment controls, or other security mechanisms, including by using multiple API keys, multiple accounts, multiple IP addresses, or obfuscation to conceal the source of traffic or usage;
  10. conduct vulnerability testing, penetration testing, red-teaming, or benchmarking of the Services without Foil’s prior written authorization;
  11. introduce malware, malicious code, harmful content, or abusive traffic into the Services;
  12. use the Services in any manner that could damage, disable, overburden, or impair the Services or Foil’s infrastructure;
  13. use browser automation tools or other software to create accounts, subscriptions, users, API keys, trials, or other resources in the Services, or to manipulate signup, payment, or verification flows;
  14. access, retrieve, scrape, index, or harvest any portion of the Services or outputs to construct or populate a searchable database, watchlist, or commercial intelligence dataset, except for Customer’s own internal security operations in the ordinary use contemplated by the Services;
  15. allow a direct competitor of Foil to access the Services through Customer’s account, or use the Services if you are acting on behalf of a direct competitor of Foil, without Foil’s prior written consent;
  16. remove, obscure, or alter Foil branding, notices, or proprietary legends embedded in the Services or Documentation; or
  17. use the Services in a manner inconsistent with the Documentation or any applicable service-specific terms.

7. Customer Data; Privacy; Data Processing

“Customer Data” means data, content, and other information submitted to, collected by, generated for, or otherwise processed through the Services on Customer’s behalf, including browser, device, network, account, transaction, security, investigation, and interaction-related data associated with Customer’s deployment of the Services.

As between the parties, and subject to the rights granted in these Terms, Customer retains its rights in Customer Data. Customer grants Foil and its affiliates, subprocessors, and service providers a worldwide, non-exclusive right to host, copy, transmit, store, analyze, score, fingerprint, correlate, transform, display, export, and otherwise process Customer Data:

  1. to provide, secure, support, maintain, troubleshoot, and improve the Services;
  2. to create, return, and display scores, classifications, verdicts, fingerprints, investigation tools, and related outputs;
  3. to detect, prevent, investigate, and respond to fraud, abuse, automation, manipulation, account compromise, payment abuse, malicious or illegal activity, and security incidents;
  4. to develop, test, tune, validate, improve, and support Foil’s signatures, heuristics, rules, models, fingerprints, analytics, and service efficacy;
  5. to generate derived security, integrity, recurrence, reputation, cluster, and ring indicators across deployments and data sources solely for security, fraud, abuse, integrity, research, and service-improvement purposes, without disclosing another customer’s identity, another customer’s confidential information, or another customer’s raw underlying data except as permitted by law; and
  6. to comply with law and enforce these Terms.

If and to the extent Foil processes Customer Personal Data on behalf of Customer in connection with the Services, the DPA is incorporated by reference into these Terms and governs that processing. In the event of a conflict between these Terms and the DPA as to data-protection subject matter, the DPA controls.

The Privacy Policy explains how Foil processes data as a controller or business for its own account, such as account administration, billing, communications, website operations, support, legal compliance, and certain service usage and security data.

8. Service Data; Foil Data; Feedback; Outcome Feedback

“Service Data” means data that Foil collects or generates about the configuration, operation, support, security, reliability, or use of the Services, excluding Customer Data except to the extent transformed, aggregated, deidentified, or otherwise no longer reasonably linkable to Customer or a specific individual.

“Foil Data” means Service Data, Foil’s models, heuristics, rules, signatures, thresholds, scores, fingerprints, network intelligence, reputation data, trend data, know-how, analytics, deidentified data, aggregated data, and other data or materials generated or derived by or for Foil in connection with the Services.

Customer may provide, and Foil may request, feedback, labels, adjudications, chargeback outcomes, review results, identity-verification dispositions, abuse findings, appeals information, and similar information relating to events, sessions, accounts, devices, or transactions (“Outcome Feedback”). Customer grants Foil a perpetual, irrevocable, worldwide, non-exclusive, sublicensable, transferable, royalty-free right to use Outcome Feedback and other feedback to provide, secure, support, maintain, improve, and develop the Services and related products, including models, analytics, signatures, reporting, and abuse research.

Foil owns all right, title, and interest in and to Foil Data. Nothing in these Terms gives Customer any ownership rights in Foil Data, except the limited right to receive and use outputs made available to Customer through the Services during the Term.

9. Subprocessors and Operational Vendors

Foil may use affiliates, subprocessors, contractors, service providers, and operational vendors to provide, secure, support, verify, bill for, and improve the Services, including providers of hosting, content delivery, documentation, email, communications, authentication, identity verification, anti-fraud, payment processing, security operations, and analytics services.

Foil remains responsible for the performance of its subprocessors to the extent required by the DPA or applicable law.

10. Fees and Paid Services

If Customer purchases a paid plan, pilot, add-on, usage allotment, verification workflow, or feature, Customer agrees to pay the fees, taxes, and charges described in the applicable checkout, order page, quote, or dashboard flow.

Unless expressly stated otherwise:

  • fees are non-refundable;
  • Customer authorizes Foil and its payment providers to charge the payment method Customer provides for applicable fees, taxes, and authorized overages;
  • Foil may suspend or limit access for nonpayment, billing delinquency, payment risk, chargeback risk, or suspected fraud;
  • Foil may change pricing prospectively for renewals, new purchases, or new usage periods; and
  • if recurring billing is offered, Foil will disclose the renewal cadence, authorization, and cancellation terms in the applicable purchase flow or order page.

11. Beta, Preview, Evaluation, and No-Fee Services

Foil may designate certain Services, features, or access tiers as beta, preview, evaluation, trial, or no-fee offerings (“Beta Services”). Beta Services may be paid or unpaid. Beta Services may be modified, interrupted, limited, or discontinued at any time without liability. Beta Services may not be complete and may contain errors, reduced functionality, or changing commercial terms.

Any production, service-level, support, uptime, or roadmap expectations for Beta Services must be expressly stated in writing by Foil to be binding. Unless Foil expressly states otherwise in writing, Beta Services are not intended for high-risk, regulated, or production-critical uses and are excluded from service levels, warranties, and roadmap commitments.

12. Suspension and Access Restrictions

Foil may suspend, limit, revoke, or terminate access to all or part of the Services, including any account, organization, session, payment method, or API key, immediately and without prior notice if:

  • Foil reasonably believes there is a security, fraud, abuse, sanctions, legal, or payment risk;
  • Customer violates these Terms;
  • Customer’s use threatens the Services, another customer, or any third party;
  • Foil is required to do so by law; or
  • Customer engages in fraud, abuse, misuse, payment abuse, unauthorized testing, or competitive misuse.

Where reasonably practicable, Foil will use commercially reasonable efforts to provide notice and an opportunity to cure, but Foil is not required to delay suspension where immediate action is appropriate.

13. Service Changes, Discontinuation, and Support

Foil may update, modify, replace, or enhance the Services from time to time. Foil may add or remove features, limits, integrations, or technical requirements, provided that Foil will not materially reduce the core functionality of an active paid Service during the then-current paid term except as reasonably necessary for security, legal compliance, fraud prevention, technical integrity, or third-party dependency changes.

Foil may discontinue all or part of a Service for legal, security, technical, or business reasons. If Foil permanently discontinues a materially paid Service before the end of Customer’s then-current paid subscription term for reasons other than Customer’s breach, misuse, payment delinquency, legal noncompliance, or security risk, Foil will provide reasonable advance notice where practicable and refund the unused prepaid fees allocable to the discontinued Service for the remainder of the then-current paid term.

Foil may offer support, onboarding, service levels, or other commitments under separate documentation or service-specific terms. Unless expressly stated in writing, no service levels or support response times are guaranteed.

14. Intellectual Property

Foil and its licensors own all right, title, and interest in and to the Services and Foil Data, including all software, models, rules, thresholds, signatures, detections, documentation, content, designs, trademarks, logos, and all related intellectual property rights.

Except for the limited rights expressly granted in these Terms, no rights are granted to Customer by implication, estoppel, or otherwise.

15. Confidentiality

Each party (“Receiving Party”) will protect the other party’s non-public information disclosed under these Terms (“Confidential Information”) using reasonable care and will not use or disclose Confidential Information except as necessary to exercise its rights or perform its obligations under these Terms.

Confidential Information does not include information that the Receiving Party can demonstrate:

  1. is or becomes public through no fault of the Receiving Party;
  2. was already lawfully known to the Receiving Party without restriction;
  3. is lawfully received from a third party without restriction; or
  4. is independently developed without use of the disclosing party’s Confidential Information.

A Receiving Party may disclose Confidential Information to the extent required by law, provided it gives notice where legally permitted.

16. Equitable Relief

Customer acknowledges that a breach of Sections 5, 6, 14, or 15 may cause irreparable harm for which monetary damages may be inadequate. Accordingly, Foil may seek injunctive, equitable, or similar relief, in addition to any other remedies available at law or in equity, to protect the Services, Confidential Information, or Foil’s intellectual property, without the need to prove actual damages or post a bond except as required by law.

17. Term and Termination

These Terms begin when Customer first accepts them or first uses the Services and continue until terminated.

If Customer purchases a paid subscription, the applicable paid subscription begins on the start date shown in the applicable checkout, order page, or order form and continues for the applicable subscription term. Unless otherwise stated in the applicable purchase flow or order form, paid subscriptions may renew automatically for successive terms of the same duration unless either party gives notice of non-renewal, or Customer cancels through the applicable account or billing workflow, before the renewal date stated in the applicable purchase flow.

Either party may terminate these Terms or an applicable paid subscription for material breach if the other party does not cure that breach within thirty (30) days after written notice. Either party may terminate these Terms immediately if the other party becomes the subject of a petition in bankruptcy or another proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.

Foil may terminate or discontinue free, beta, preview, trial, evaluation, or no-fee access at any time. Foil may also suspend or terminate access in accordance with Section 12.

Upon expiration or termination:

  • Customer’s right to access and use the Services ends immediately, except for any limited post-termination retrieval rights expressly stated in the Services or DPA;
  • Customer must stop using the Services and any Foil credentials and promptly remove or disable any Foil SDKs, snippets, tags, scripts, pixels, connectors, and API calls from its properties and systems;
  • Customer remains responsible for all fees and charges accrued before the effective date of termination;
  • Foil may disable or delete access to Customer Data in accordance with its retention practices, legal obligations, the Privacy Policy, and the DPA, where applicable; and
  • provisions that by their nature should survive will survive, including provisions concerning intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, payment obligations, dispute resolution, and any license rights granted to Foil that are expressly stated to survive.

18. Warranties Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOIL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, FOIL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT THE SERVICES WILL DETECT, PREVENT, OR CORRECT EVERY BOT, FRAUD, ABUSE, SECURITY EVENT, OR IDENTITY RISK.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, USE, OR DATA, OR COST OF COVER, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S TOTAL CUMULATIVE AND AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE DPA, OR THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SPECIFIC SERVICE GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM; PROVIDED THAT, IF FEWER THAN TWELVE (12) MONTHS HAVE ELAPSED SINCE THE START OF THE APPLICABLE PAID SUBSCRIPTION FOR THAT SERVICE, THE CAP WILL EQUAL THE AVERAGE MONTHLY FEES PAID OR PAYABLE FOR THAT SERVICE DURING THE ELAPSED PORTION OF THE SUBSCRIPTION TERM MULTIPLIED BY TWELVE (12). FOR BETA SERVICES OR OTHER NO-FEE SERVICES, FOIL’S TOTAL CUMULATIVE AND AGGREGATE LIABILITY WILL NOT EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

“Excluded Claims” means:

  1. Customer’s payment obligations;
  2. Customer’s breach of Sections 4, 5, 6, 14, or 15;
  3. Customer’s indemnification obligations under Section 20.2; and
  4. either party’s fraud, willful misconduct, or gross negligence to the extent liability for such matters cannot be limited under applicable law.

20. Indemnification

20.1 Foil IP Indemnity

Foil will defend Customer and its officers, directors, and employees against any third-party claim alleging that Customer’s authorized use of the Services as provided by Foil and in accordance with these Terms infringes or misappropriates that third party’s U.S. intellectual property rights, and Foil will pay amounts finally awarded against Customer or included in a settlement approved by Foil in writing. Foil will have no obligation under this Section to the extent a claim arises from:

  • Customer Data;
  • Customer’s products, websites, apps, or services;
  • modifications to the Services not made by Foil;
  • combinations of the Services with products, services, content, or data not supplied by Foil, if the claim would not have arisen but for the combination;
  • use of the Services in violation of these Terms, the Documentation, or applicable law; or
  • Beta Services, no-fee Services, or features designated as evaluation, preview, or pilot unless Foil expressly states otherwise in writing.

If the Services become, or in Foil’s opinion are likely to become, subject to a claim described in this Section, Foil may, at its option and expense:

  1. obtain the right for Customer to continue using the affected Services;
  2. modify or replace the affected Services so they are no longer allegedly infringing without materially reducing core functionality; or
  3. terminate the affected Services and provide a pro rata refund of any unused prepaid fees allocable to the affected Services for the remainder of the then-current paid term.

THIS SECTION 20.1 STATES CUSTOMER’S EXCLUSIVE REMEDY, AND FOIL’S ENTIRE LIABILITY, FOR ANY CLAIM THAT THE SERVICES INFRINGE OR MISAPPROPRIATE INTELLECTUAL PROPERTY RIGHTS.

20.2 Customer Indemnity

Customer will defend, indemnify, and hold harmless Foil and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  1. Customer’s websites, apps, services, or content;
  2. Customer Data or Customer’s use of Customer Data with the Services;
  3. Customer’s misuse of the Services;
  4. Customer’s violation of these Terms, the DPA, or applicable law;
  5. Customer’s failure to provide required notices or obtain required consents; or
  6. Customer’s competitive misuse, unauthorized testing, unlawful processing, or regulated use of the Services.

20.3 Indemnification Procedure

The party seeking indemnification must:

  • promptly notify the indemnifying party of the claim;
  • give the indemnifying party sole control of the defense and settlement, except that the indemnifying party may not settle a claim in a manner that admits fault or imposes non-monetary obligations on the indemnified party without the indemnified party’s prior written consent, not to be unreasonably withheld; and
  • provide reasonable cooperation at the indemnifying party’s expense.

An indemnifying party is not relieved of its obligations due to delayed notice except to the extent it is materially prejudiced by the delay.

21. Export and Sanctions Compliance

Customer will comply with all applicable export control, sanctions, and trade laws. Customer represents that it is not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to a comprehensive embargo applicable to the Services, and is not listed on any applicable government restricted-party list.

22. Governing Law; Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflicts-of-law rules. Any dispute arising out of or relating to these Terms, the DPA, or the Services will be brought exclusively in the state or federal courts located in Wilmington, Delaware, and each party consents to personal jurisdiction and venue there, except that Foil may seek injunctive or other equitable relief in any court of competent jurisdiction to protect the Services, Confidential Information, or Foil’s intellectual property.

To the extent non-waivable law applies notwithstanding the foregoing, those mandatory protections will control only to the extent required.

Foil may update these Terms from time to time. If we make material changes, we may provide notice by posting the updated Terms in the Services, maintaining an archived prior version, sending an email or account notice, publishing a notice in the dashboard or checkout flow, or requiring re-acceptance when Customer next logs in, pays, enables a feature, rotates keys, or continues using the relevant Services. Unless otherwise required by law or expressly stated in the notice, updated Terms will apply prospectively when posted or on the date specified in the updated Terms. Customer’s continued use of the Services after the effective date of the updated Terms constitutes acceptance of the updated Terms, except where Foil requires affirmative re-acceptance.

Foil may update the DPA or service-specific terms to reflect changes in law, regulation, transfer mechanisms, subprocessors, Service functionality, or security practices. Unless a change is required sooner by law or to address an urgent security issue, Foil will use commercially reasonable efforts to provide at least thirty (30) days’ notice before a materially adverse DPA change becomes effective. Foil will not use this Section to impose material retroactive obligations or materially expanded uses of previously collected personal information in a manner that would be prohibited by law.

24. Miscellaneous

These Terms constitute the entire agreement between the parties regarding the Services unless superseded by a separate written agreement. If any provision is held unenforceable, the remaining provisions will remain in effect.

The order of precedence for conflicts is:

  1. any negotiated order form or signed amendment;
  2. the DPA, but only for data-protection subject matter;
  3. any applicable service-specific terms for the relevant Service; and
  4. these Terms.

Customer may not assign these Terms without Foil’s prior written consent, except in connection with a merger or sale of substantially all of Customer’s assets. Foil may assign these Terms in connection with a corporate transaction or reorganization.

Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, acts of war, terrorism, civil unrest, labor disputes, failures of telecommunications or cloud infrastructure, utility failures, internet disturbances, denial-of-service attacks, governmental actions, epidemics, pandemics, or failures of suppliers or subprocessors, except that this Section does not excuse Customer’s payment obligations.

The parties are independent contractors. These Terms do not create any agency, partnership, fiduciary, or joint venture relationship. There are no third-party beneficiaries to these Terms except as expressly stated in Section 20.

No waiver of any breach or default will be deemed a waiver of any subsequent breach or default.

25. Contact

For questions about these Terms, contact:

ABXY, Inc.
455 Market St Ste 1940
San Francisco, CA 94105
legal@usefoil.com

For privacy inquiries, contact legal@usefoil.com.
For account or operational support, contact support@usefoil.com.