Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Foxtcon One LLC, a Missouri limited liability company (“FoxtInn,” “Company,” “we,” “us,” or “our”), governing your access to and use of the FoxtInn platform, including all associated websites (foxtcon1.com, foxtconone.com, app.foxtcon1.com), mobile applications, APIs, AI features, and related services (collectively, the “Service”). By creating an account, clicking “I Agree,” or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, Cookie Policy, and Data Processing Agreement, each incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. Definitions

• “Account” means the unique account created by Customer to access the Service.
• “Authorized User” means any individual granted access to the Service by Customer, including employees, contractors, managers, and administrators.
• “Customer Content” means all data, text, files, images, messages, schedules, time clock entries, task boards, guest requests, financial records, and other materials that Customer or its Authorized Users upload, submit, store, transmit, or generate through the Service.
• “Guest Data” means personal information of Customer’s end-customers, guests, visitors, or patrons that is processed through the Service, including names, contact information, service requests, feedback, and complaint records submitted via QR codes, guest portals, or other mechanisms.
• “AI Features” means the artificial intelligence and machine learning capabilities of the Service, including LALA Virtual GM, predictive maintenance, night audit auto-parsing, financial chatbot, and any other AI-powered functionality.
• “Founding Member” means a Customer who subscribes to a paid plan during the Founding Member Period and maintains continuous, uninterrupted paid subscription status.
• “Founding Member Period” means the period from Service launch until the earlier of (a) 500 unique businesses have subscribed to a paid plan, or (b) FoxtInn publicly announces the end of the Founding Member Period.
• “Property” means a single physical business location (e.g., hotel, restaurant, salon, clinic, retail store, or gas station) registered within the Service.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including OTP-based login tokens, and for all activities under your account. Notify us immediately at security@foxtcon.com of any unauthorized use.

2.3 Account Roles

The Service supports multiple user roles: Owner, Administrator, Manager, and Staff. The account Owner bears ultimate responsibility for compliance with these Terms and is liable for all actions taken under the account.

3. Subscription Plans, Billing & Founding Member Pricing

3.1 Plan Tiers

The Service is offered in three tiers: Free, Pro, and Portfolio. Feature availability, user limits, property limits, and pricing are described on our pricing page and may be updated with 30 days’ prior notice.

3.2 Free Trial - Terms, Limits, and Anti-Abuse Provisions

FoxtInn offers a 90-day Free Trial for evaluation purposes. The Free Trial is subject to the following binding limits and conditions:

• (a) Operational Limits: The Free Trial is restricted to a maximum of three (3) active users, one (1) schedule, and one (1) time clock. Customer may create additional property records for evaluation but may not operate live multi-property workflows on the Free Trial tier.
• (b) One Trial Per Business: Each business entity is permitted exactly one (1) Free Trial. A “business” is identified by any combination of: legal entity name, EIN/Tax ID, primary business email domain, billing address, payment method, or device fingerprint. Creating multiple Free Trial accounts to extend evaluation, evade limits, or operate beyond the permitted scope is a material breach of these Terms.
• (c) Evaluation Use Only: The Free Trial is provided solely for evaluation. Use of the trial environment to operate live business workflows, run payroll, manage active staff, process guest requests in production, or otherwise rely on the Service for ongoing business operations is prohibited and constitutes grounds for immediate termination and back-billing under Section 3.2(g).
• (d) No Bulk Data Export: Customer Content created during the Free Trial may not be exported, downloaded in bulk, migrated to external systems, or accessed via API unless and until the account is upgraded to a paid plan in good standing. Read-only on-screen access remains available throughout the trial.
• (e) Anti-Circumvention: Customer agrees not to (i) attempt to bypass user, schedule, time-clock, or any other technical limit; (ii) reverse-engineer or modify the Service to evade restrictions; (iii) share trial credentials with third parties to extend usage or split costs; (iv) automate sign-up flows to provision multiple trial accounts.
• (f) Trial Expiration and Upgrade Paywall: The Free Trial automatically expires 90 days after activation. Upon expiration, Customer’s login credentials remain valid, but access to all portal features, data, and workflows is blocked behind a mandatory upgrade screen until Customer completes payment for a paid plan. Customer cannot view, edit, export, or otherwise interact with Customer Content, run reports, schedule staff, operate the time clock, or use any product feature until a valid payment method has been captured and the first paid invoice has been processed. There is no automatic conversion to a paid plan and no credit card is required to start a trial.
• (g) Back-Billing for Misuse: If FoxtInn determines, in its sole discretion, that the Free Trial has been used in violation of subsections (a)–(e) above, Customer authorizes FoxtInn to invoice Customer at the prevailing Pro plan rate (currently $9.00/user/month standard or the then-current rate) retroactive to the date of first violation, plus a $250 administrative recovery fee. Unpaid back-billing invoices may be referred to collection.
• (h) Audit Right: FoxtInn reserves the right to audit Free Trial account usage at any time to verify compliance with these Terms.

3.3 Suspension, Restriction, and Revocation of Access

FoxtInn reserves the right, at its sole and exclusive discretion and without prior notice, to suspend, restrict, downgrade, or terminate any account - including paid Pro and Portfolio accounts - for any of the following reasons:

• (a) Material breach of these Terms or our Acceptable Use Policy;
• (b) Suspected fraud, payment chargebacks, or use of stolen payment methods;
• (c) Activity that, in FoxtInn’s reasonable judgment, threatens the security, integrity, or availability of the Service for other customers;
• (d) Use of the Service for unlawful, harmful, or abusive purposes;
• (e) Failure to pay invoices after the grace period in Section 3.5;
• (f) Violation of the Free Trial provisions in Section 3.2;
• (g) Court order, regulatory directive, or law-enforcement request requiring suspension;
• (h) Any other circumstance FoxtInn determines, in good faith, warrants restriction of access.

Upon suspension, Customer’s access to the Service may be restricted to read-only or fully revoked. Upon termination, all access is immediately revoked and Customer Content is retained for 30 days for a final export request (paid accounts in good standing only) before permanent deletion. Sections of these Terms that by their nature should survive termination - including indemnification, limitation of liability, and back-billing - shall survive.

3.4 Free Plan (Legacy)

FoxtInn may, from time to time, offer a perpetual Free plan with limited features. Where offered, the Free plan is not a trial and is subject to the same anti-circumvention, single-account, no-export, and revocation provisions as the Free Trial in Section 3.2 except where explicitly stated otherwise on the pricing page.

3.4 Founding Member Pricing

During the Founding Member Period, eligible Customers who subscribe to the Pro plan receive the Founding Member rate of $5.00 per user per month:

• (a) Rate Lock: The Founding Member Rate is locked for the lifetime of the Customer’s continuous, uninterrupted paid subscription. “Lifetime” means as long as Customer maintains an active paid subscription without any lapse, cancellation, or downgrade to the Free plan.
• (b) Loss of Status: If a Founding Member cancels, downgrades to Free, or allows their subscription to lapse for more than 30 days, they permanently lose Founding Member status. Re-subscribing after a lapse will be at the then-current standard rate.
• (c) Plan Changes: Founding Members may upgrade from Pro to Portfolio and retain their per-user rate. Downgrading from Portfolio to Pro also retains the rate, provided the subscription has never lapsed.
• (d) Cap: Limited to the first 500 unique businesses. After the cap, new subscribers pay the standard rate ($9.00/user/month or the then-current rate).
• (e) Non-Transferable: Founding Member status is non-transferable and tied to the original subscribing entity.

3.5 Billing and Payment

• Payment Methods: We accept credit/debit cards processed by our PCI Level 1 compliant payment processor. FoxtInn does not store credit card numbers.
• Failed Payments: We will retry up to 3 times over 10 business days. If all fail, the account is suspended with a 15-day grace period to update payment info.
• Price Changes: Standard (non-Founding Member) pricing may change with 60 days’ notice. Founding Member Rates are exempt.
• Taxes: All fees exclude applicable taxes. Customer is responsible for sales, use, VAT, and GST.
• Annual Billing: 10% discount, billed as a single upfront payment. Refundable within first 14 days minus usage charges.

3.6 LALA AI Add-On Subscription

FoxtInn offers an optional AI add-on (“LALA AI”) that may be activated on any paid plan (Pro or Portfolio). The LALA AI Add-On is subject to the following terms:

• (a) Pricing: LALA AI is billed at the then-current per-property rate (currently $29.00 per property per month at standard pricing) in addition to the underlying plan subscription fee. Volume discounts may apply and are described on the pricing page. Founding Members receive the Founding Member LALA AI rate for the lifetime of their continuous subscription.
• (b) Query Allowance: Each LALA AI subscription includes a monthly allowance of 500 AI queries per property. A “query” is defined as a single request–response interaction with any LALA AI feature, including but not limited to: LALA Virtual GM conversations, predictive maintenance alerts, AI-generated reports, financial chatbot interactions, demand forecasting, and shift optimization recommendations.
• (c) Overage Billing: Queries exceeding the monthly allowance are billed at the then-current overage rate (currently $0.05 per query). Overage charges are invoiced on the next billing cycle. FoxtInn will provide in-app usage indicators and optional email alerts when usage approaches or exceeds the monthly allowance.
• (d) Usage Metering: FoxtInn maintains real-time query metering. Query counts reset on the first day of each billing cycle. Unused queries do not roll over to subsequent months.
• (e) Fair Use: LALA AI is intended for legitimate business operations. Automated, scripted, or bot-driven queries designed to inflate usage, test system limits, or abuse the AI infrastructure are prohibited and may result in suspension of the LALA AI Add-On and back-billing under Section 3.2(g).
• (f) Activation and Cancellation: LALA AI may be activated or cancelled at any time via account settings. Activation is effective immediately; cancellation takes effect at the end of the current billing period. No partial-month refunds are issued for mid-cycle cancellations.
• (g) AI Data Handling: Customer Content processed through LALA AI is subject to the same data ownership, isolation, and no-training provisions in Section 4.

4. Customer Content and Data Ownership

4.1 Ownership

Customer retains all ownership rights in Customer Content. FoxtInn does not claim ownership of any Customer Content, including Guest Data.

4.2 License to FoxtInn

Customer grants FoxtInn a limited, non-exclusive, worldwide, royalty-free license to use, process, store, reproduce, and display Customer Content solely to provide, maintain, and improve the Service. This license terminates upon deletion of Customer Content per our retention policies.

4.3 AI Features and Customer Content

• (a) No Training on Customer Content: FoxtInn does not use Customer Content, including Guest Data, to train, fine-tune, or improve general-purpose AI models. Customer Content is processed solely within the Customer’s own account.
• (b) Third-Party AI Providers: Certain AI Features utilize third-party AI infrastructure under data processing agreements that prohibit the third party from using Customer Content for model training. Current AI subprocessors are listed in our DPA.
• (c) AI Output Ownership: Outputs generated by AI Features based on Customer Content are owned by Customer.
• (d) Opt-Out: Customers may disable AI Features at any time without affecting core functionality.
• (e) Accuracy Disclaimer: AI outputs are for informational purposes only and may contain errors. FoxtInn is not liable for decisions made in reliance on AI outputs.

4.4 Guest Data

Customer acts as the data controller for Guest Data. FoxtInn acts as a data processor on Customer’s behalf. Customer is solely responsible for obtaining all necessary consents, providing privacy notices to guests, responding to data subject requests, and ensuring compliance with applicable data protection laws.

4.5 Data Portability

Customer may export Customer Content at any time in standard formats (CSV, JSON, PDF). Upon termination, Customer has 30 days to export before scheduled deletion.

4.6 Data Isolation

Customer Content is logically isolated from other customers’ data. In multi-property accounts, data is further isolated by Property with role-based access controls.

5. Acceptable Use

Use of the Service is subject to our Acceptable Use Policy. In addition, you agree not to:

• Use the Service for any purpose that violates applicable law or regulation.
• Upload content that infringes third-party intellectual property rights.
• Attempt unauthorized access to the Service or other accounts.
• Use the Service to send spam or phishing messages.
• Reverse engineer, decompile, or disassemble the Service.
• Sublicense, resell, or redistribute the Service without written consent.
• Circumvent security features, rate limits, or usage restrictions.
• Use AI Features to generate misleading, fraudulent, or harmful content.

6. Intellectual Property

The Service, including all software, AI models, interfaces, trademarks (“FoxtInn,” “LALA”), and documentation are the exclusive property of Foxtcon One LLC. These Terms grant no rights except the limited right to use the Service as described herein. If Customer provides Feedback, FoxtInn may use it without restriction.

7. Confidentiality

Each party agrees to protect the other’s confidential information with at least the same degree of care it uses for its own, but no less than reasonable care. Exceptions: information that is publicly available, independently developed, or rightfully received from a third party.

8. Service Levels and Support

8.1 Uptime

FoxtInn commits to a minimum of 99.9% uptime for paid plans, measured monthly, excluding scheduled maintenance (48-hour advance notice), force majeure, and Customer-caused issues. Specific uptime targets by plan tier (Pro: 99.9%, Portfolio: 99.95%) are detailed in the Service Level Agreement.

8.2 Uptime Credits

• 99.0% – 99.89%: 10% credit of that month’s fees
• 95.0% – 98.99%: 25% credit
• Below 95.0%: 50% credit

Credits must be requested within 30 days of the incident and cannot exceed 50% of monthly fees.

8.3 Support

Email support for all plans. Pro includes onboarding assistance. Portfolio includes priority support with faster response times and a dedicated Customer Success Manager.

9. Third-Party Integrations

The Service may integrate with third-party applications (calendars, payroll, POS, STR benchmarking). Third-party integrations are governed by their own terms. FoxtInn is not liable for loss or damage from third-party integration use.

10. Warranties and Disclaimers

FoxtInn warrants the Service will perform materially as documented. EXCEPT AS EXPRESSLY SET FORTH, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. FOXTINN DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI FEATURES ARE PROVIDED ON AN “AS IS” BASIS.

11. Limitation of Liability

FOXTINN’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) FEES PAID IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD. NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Exceptions: Customer’s breach of Acceptable Use; indemnification obligations; breach of confidentiality; gross negligence or willful misconduct; liability that cannot be limited by law.

12. Indemnification

12.1 Customer Indemnification

Customer shall indemnify FoxtInn from third-party claims arising from: (a) Customer’s use in violation of Terms; (b) Customer Content and Guest Data; (c) violation of law; (d) failure to obtain necessary consents.

12.2 FoxtInn Indemnification

FoxtInn shall indemnify Customer from third-party claims that the Service infringes valid U.S. patents, copyrights, or trademarks, provided Customer promptly notifies FoxtInn and grants sole control of defense.

13. Term and Termination

• Customer Cancellation: Cancel anytime via account settings; takes effect at end of billing period. Annual plans cancelled within 14 days receive a full refund minus usage charges.
• FoxtInn Termination: Immediately for AUP violations; 30-day cure for other material breach; immediately for 45+ days unpaid fees; 90-day notice for Service discontinuation.
• Post-Termination: 30-day data export window, then deletion from production within 30 days. Backups purged within 90 days. Sections 1, 4.1, 6, 7, 10, 11, 12, 14 survive termination.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Missouri, without regard to conflict of laws principles.

14.2 Arbitration

Disputes that cannot be resolved through good-faith negotiation within 30 days shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Rules, in Kansas City, Missouri.

14.3 Class Action Waiver

YOU AND FOXTINN AGREE THAT DISPUTES SHALL BE RESOLVED INDIVIDUALLY AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Injunctive Relief

Either party may seek injunctive relief in any court to protect intellectual property or confidential information without first resorting to arbitration.

15. International & Regulatory Provisions

15.1 Consumer Cooling-Off Rights

If you are a consumer in the European Economic Area or United Kingdom, you may have a 14-day right of withdrawal from the date of subscription purchase under the EU Consumer Rights Directive (2011/83/EU) or the UK Consumer Contracts Regulations 2013. To exercise this right, contact legal@foxtcon.com with your request before the 14-day period expires. Note: If you have accessed or used the Service during this period, you acknowledge that the digital content delivery has begun with your consent, and you may be charged a proportionate amount for the period of use.

15.2 Auto-Renewal & Cancellation

Subscriptions automatically renew at the end of each billing period. FoxtInn complies with all applicable auto-renewal laws including California Business & Professions Code §17600 et seq. (as amended by AB 2863, effective July 1, 2025), New York General Obligations Law §5-903, and other state auto-renewal statutes.

• Clear disclosure: Renewal terms, pricing, and cancellation instructions are provided before initial purchase.
• Express consent: Your affirmative consent to auto-renewal is obtained separately from other terms.
• Easy cancellation: Cancel at any time via account settings or by contacting support@foxtcon.com. No phone calls required. Cancellation effective at end of current billing cycle.
• Renewal reminders: Email notification sent at least 30 days before annual renewal and 7 days before monthly renewal.
• Confirmation: Written confirmation of cancellation provided via email.

15.3 Export Compliance & Sanctions

The Service may not be accessed from, used in, or exported to any country or territory subject to comprehensive U.S., EU, or UN sanctions, or by any person or entity on any applicable sanctions list. By using the Service, you represent and warrant compliance with all applicable export control and sanctions laws. See our Export Compliance page for complete details including restricted territories, OFAC compliance, and customer obligations.

15.4 Non-Waivable Statutory Rights

Nothing in these Terms limits or excludes any rights that cannot be limited or excluded under applicable law. To the extent any provision of these Terms conflicts with mandatory consumer protection, data protection, or other statutory rights in your jurisdiction, such statutory rights shall prevail. In particular:

• EU/UK consumers: Nothing limits your statutory rights under EU Consumer Rights Directive or UK Consumer Rights Act 2015.
• Australian consumers: Our services come with guarantees that cannot be excluded under Australian Consumer Law.
• Brazilian consumers: These Terms do not limit rights under the Código de Defesa do Consumidor (Consumer Protection Code).
• Arbitration carve-outs: The arbitration provision in Section 14 may not be enforceable against consumers in jurisdictions where mandatory arbitration of consumer disputes is prohibited (including the EU, UK, and Brazil). In such jurisdictions, disputes may be brought in the courts of your habitual residence.

15.5 Accessibility

FoxtInn is committed to making the Service accessible to users with disabilities in accordance with WCAG 2.1 Level AA, the European Accessibility Act (EAA), and the Americans with Disabilities Act (ADA). See our Accessibility Statement for details.

15.6 Anti-Bribery & Anti-Corruption

Each party agrees to comply with applicable anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act (FCPA), UK Bribery Act 2010, and local equivalents. Neither party shall make, offer, or authorize any improper payment to obtain or retain business.

15.7 Modern Slavery

FoxtInn is committed to preventing modern slavery and human trafficking in accordance with the UK Modern Slavery Act 2015 and Australia Modern Slavery Act 2018. See our Export Compliance & Ethics page for our full statement.

16. General Provisions

• Amendments: We may modify Terms with 30 days’ notice via email or in-app notification. Continued use after notice constitutes acceptance.
• Entire Agreement: These Terms, together with the Privacy Policy, AUP, Cookie Policy, DPA, and any Order Forms, constitute the entire agreement.
• Severability: If any provision is unenforceable, remaining provisions remain in effect.
• Assignment: Customer may not assign without consent. FoxtInn may assign in connection with a merger or acquisition with 30 days’ notice.
• Force Majeure: Neither party liable for delays due to causes beyond reasonable control.
• Language: These Terms are provided in English. Where a translated version is provided, the English version prevails in case of conflict.
• Notices: All notices must be in writing and delivered to the email address on file. Notices to FoxtInn must be sent to legal@foxtcon.com.
• Survival: Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution survive termination.

17. Contact

General: hello@foxtcon.com
Legal: legal@foxtcon.com
Privacy: privacy@foxtcon.com
Security: security@foxtcon.com
Compliance: compliance@foxtcon.com