Terms of Service

AGREEMENT TO OUR LEGAL TERMS

We are Foxhound ("Company," "we," "us," "our"), operated by Dustin Edwards, a sole proprietor based in Texas, United States.

We operate the website https://foxhoundapp.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Foxhound is a SaaS application that recovers failed subscription payments for businesses using Stripe. When a subscriber's payment fails, Foxhound detects the failure via Stripe webhook, classifies the decline, and attempts a silent retry before any customer ever sees an email. If the silent retry does not work, Foxhound generates a personalized recovery email and continues the sequence over 30 days. Foxhound also drafts dispute evidence automatically, but every submission requires a merchant to review and approve it first, there is no automatic submission. Merchants connect their Stripe account once via OAuth, and Foxhound runs automatically in the background. Foxhound does not store card numbers or access payout or bank account information.

You can contact us by email at support@foxhoundapp.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Foxhound, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by support@foxhoundapp.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, where applicable.

The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, and similar), so if your use would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, and text in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world.

The Content and Marks are provided "AS IS" for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or licensed for any commercial purpose without our express prior written permission.

If you wish to make any other use of the Services, Content, or Marks, address your request to support@foxhoundapp.com. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission, without acknowledgment or compensation to you.

You are solely responsible for your Submissions and agree to reimburse us for any losses we suffer because of your breach of this section, a third party's intellectual property rights, or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to keep it updated. Sales tax will be added where required. We may change prices at any time. All payments are in US dollars.

You authorize us to charge your chosen payment provider for amounts owed upon each billing run. We reserve the right to correct any pricing errors, even after payment has been requested or received, and to refuse any order.

6. SUBSCRIPTIONS

Billing and maturity

Recovery and Disputes are billed as a percentage of outcomes: 20% of Foxhound-attributed recoveries, and 20% of disputes Foxhound wins (capped at $500 per dispute). A recovery is never billed until it has been held for 30 or more days, each monthly billing run charges only the prior month's matured recoveries. Recoveries that Stripe's own tools would have produced without any Foxhound action are recorded and shown to you for free, never billed. Intelligence's predictive layer is billed as a flat monthly subscription at the rate then in effect; its MRR and churn analytics are free. Audit is free with no billing.

Cancellation

All purchases are non-refundable. You can cancel at any time from your account settings by disconnecting your Stripe account or canceling the applicable subscription. Cancellation takes effect immediately. You remain responsible for fees already matured and owed prior to cancellation. Questions: support@foxhoundapp.com.

Fee changes

We may, from time to time, change the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree not to:

• Systematically retrieve data to create a collection or database without written permission.
• Trick, defraud, or mislead us or other users, including attempts to learn account credentials.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us or the Services.
• Use information from the Services to harass, abuse, or harm another person.
• Make improper use of support services or submit false reports of abuse.
• Use the Services in a manner inconsistent with applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or similar material.
• Use automated scripts, bots, or data-mining tools against the Services.
• Delete copyright or proprietary rights notices from any Content.
• Impersonate another user or person.
• Interfere with or disrupt the Services or connected networks.
• Harass, intimidate, or threaten our employees or agents.
• Bypass measures designed to prevent or restrict access to the Services.
• Copy or adapt the Services' software.
• Use the Services to compete with us without our express written permission.

8. USER GENERATED CONTRIBUTIONS

The Services do not offer users a way to submit or post public content. Any Contributions you do transmit to us may be treated in accordance with our Privacy Policy.

9. CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process, and use any information and personal data you provide following the terms of the Privacy Policy and your settings.

By submitting suggestions or other feedback about the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

10. THIRD-PARTY WEBSITES AND CONTENT

The Services may link to other websites or content belonging to third parties. Such third-party content is not investigated, monitored, or checked for accuracy by us, and we are not responsible for it. If you access a third-party website through the Services, you do so at your own risk.

11. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms, take appropriate legal action against violators, restrict or disable access to any Contributions, remove content that is excessive in size or burdensome to our systems, and otherwise manage the Services to protect our rights and property.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States; if you access them from a region with different data protection laws, you consent to your data being transferred to and processed in the United States.

13. TERM AND TERMINATION

These Legal Terms remain in full force while you use the Services. We reserve the right to, without notice or liability, deny access to and use of the Services to any person for any reason, including breach of these Legal Terms, and to terminate your account or delete your content at any time in our sole discretion.

If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake name, or a third party's name. We reserve the right to pursue appropriate legal action.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time without notice and without liability. We cannot guarantee the Services will be available at all times; we may experience interruptions for maintenance or other reasons and are not liable for any resulting loss or inconvenience.

15. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles.

16. DISPUTE RESOLUTION

Informal negotiations

To expedite resolution and control cost, the parties agree to first attempt to negotiate any dispute related to these Legal Terms informally for at least thirty (30) days before initiating arbitration, commencing upon written notice from one party to the other.

Binding arbitration

If informal negotiation fails, the dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration may be conducted in person, through document submission, by phone, or online, and will take place in Texas unless otherwise agreed. No dispute related to the Services may be brought more than one year after the cause of action arose.

Restrictions

Arbitration is limited to the dispute between the parties individually; no arbitration will be joined with another proceeding, and no dispute may be brought on a class or representative basis.

Exceptions

Disputes seeking to enforce or protect intellectual property rights, disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use, and claims for injunctive relief are not subject to the above provisions.

17. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to update information at any time without prior notice.

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT AND ASSUME NO LIABILITY FOR ERRORS, UNAUTHORIZED ACCESS TO OUR SERVERS, INTERRUPTIONS IN TRANSMISSION, OR HARMFUL CODE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID US DURING THE SIX MONTHS PRIOR TO THE CAUSE OF ACTION ARISING. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, breach of these Legal Terms, or violation of a third party's rights.

21. USER DATA

We maintain certain data you transmit to the Services for the purpose of managing performance, as well as data relating to your use. Although we perform regular backups, you are solely responsible for all data you transmit, and we have no liability for any loss or corruption of such data.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that electronic signatures, contracts, and records satisfy any legal requirement that such communication be in writing.

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

24. MISCELLANEOUS

These Legal Terms and any posted policies constitute the entire agreement between you and us. Our failure to enforce any right does not waive it. We may assign our rights and obligations at any time. If any provision is found unlawful or unenforceable, that provision is severable and does not affect the remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms.

25. DATA PROCESSING

Merchants using Foxhound are the data controllers for their end customers' personal information. Foxhound acts solely as a data processor on behalf of the merchant. Merchants are solely responsible for their own legal bases and privacy notices for their customers. Foxhound processes customer data only as directed by the merchant and as necessary to provide the recovery, disputes, and intelligence services.

26. CONTACT US

To resolve a complaint regarding the Services or to receive further information, contact us at:

Foxhound
Email: support@foxhoundapp.com
Website: foxhoundapp.com