Terms of Service

1. Acceptance of These Terms

By accessing or using any websites, mobile or desktop applications, software programmes, application programming interfaces (APIs), plug‑ins, or other online or offline services (collectively, the "Services") provided by Foundway AI Ltd. ("Foundway", "we", "us", or "our"), you ("you" or "User") agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, you must not use the Services.

2. Changes to the Terms

We may amend these Terms from time to time. We shall publish any material changes on our website and, where appropriate, notify you by e‑mail or via an in‑Service notice. Revised Terms shall become effective on the date specified in the notice. Continued use of the Services after that date constitutes your acceptance of the revised Terms.

3. Eligibility and Account Security

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into contracts to use the Services. You agree to provide accurate, current, and complete information when creating an account and to keep such information up to date. You are responsible for maintaining the confidentiality of your login details and for all activities that occur under your account.

4. The Services

4.1 Description

Foundway provides strategy consultation tools, analytical dashboards, and software integration services to technology and software companies.

4.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without liability to you.

5. Subscriptions, Fees, and Payment

5.1 Fees

Certain features of the Services are offered on a paid subscription basis. The applicable fees and payment terms are set out on our website or in a separate order form.

5.2 Billing

All fees are payable in euros (EUR) unless otherwise stated. You authorise us to charge the payment method you provide for all fees due under your account.

5.3 Taxes

Fees are exclusive of value‑added tax (VAT) and any other applicable taxes, which shall be added as required by law.

5.4 Non‑Refundable

Except as expressly stated in these Terms or required by law, all fees are non‑refundable.

6. Intellectual Property

6.1 Our Content

All intellectual property rights in the Services and any content we provide (including software, text, graphics, logos, and trademarks) are owned by or licenced to Foundway.

6.2 Your Content

You retain ownership of any data, files, or content that you upload or input into the Services ("User Content"). You grant us a worldwide, royalty‑free, non‑exclusive licence to use, reproduce, adapt, and display your User Content solely for the purpose of providing and improving the Services.

6.3 Feedback

If you provide suggestions or comments regarding the Services ("Feedback"), you grant Foundway a perpetual, irrevocable, worldwide, royalty‑free licence to use and exploit the Feedback for any purpose without obligation to you.

6.4 Use of Visual and Audio Content for Model Training

You acknowledge and agree that any visual or audio content you upload or input into the Services ("Visual and Audio Content") may be used by Foundway to train, improve, or develop our artificial intelligence models, algorithms, and related technologies. You grant Foundway a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, reproduce, adapt, modify, and process your Visual and Audio Content for these purposes. Foundway shall ensure that any such use complies with applicable data protection laws and, where required, anonymises or aggregates the Visual and Audio Content to prevent identification of individuals.

7. Acceptable Use

You must not:

• breach any applicable law or regulation;
• infringe the intellectual property or other rights of any person;
• upload malicious code or content that is unlawful, harmful, defamatory, obscene, discriminatory, or otherwise objectionable;
• attempt to gain unauthorised access to any part of the Services or any other systems or networks;
• interfere with the proper working of the Services or bypass any security measures; or
• conduct penetration or load testing without our prior written consent.

8. Confidentiality

Each party shall keep confidential and not disclose to any third party any confidential information obtained from the other party in connection with the Services, except to the extent required by law or with the other party's prior written consent.

9. Third‑Party Services

The Services may integrate with, or contain links to, third‑party websites or services that are not owned or controlled by Foundway. We are not responsible for the content or practices of any third‑party services and your use of such services is at your own risk.

10. Warranties and Disclaimers

10.1 Your Warranties

You warrant that you have all necessary rights to provide your User Content and that your use of the Services will comply with these Terms.

10.2 Our Disclaimer

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non‑infringement, and availability.

11. Limitation of Liability

Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.

Subject to the foregoing, Foundway shall not be liable for any indirect, special, incidental, or consequential losses, or for loss of profit, revenue, business, data, or goodwill. Our total aggregate liability arising out of or in connection with the Services shall not exceed the total fees paid by you to Foundway in the 12 months preceding the event giving rise to the liability.

12. Indemnity

You agree to indemnify and hold harmless Foundway, its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your User Content; or (c) your breach of these Terms.

13. Suspension and Termination

We may suspend or terminate your access to the Services immediately upon notice if you breach these Terms or if required to comply with law. You may terminate your account at any time by ceasing use of the Services. Sections 6, 8, 10–12, 14–17, and 18 shall survive termination.

14. Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non‑contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

15. Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

16. Dispute Resolution (Business Customers)

If you are a business customer, before commencing court proceedings you agree to endeavour to resolve any dispute through good‑faith negotiations. If the dispute is not resolved within 30 days, either party may refer the matter to mediation under the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and the invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms constitute the entire agreement between you and Foundway with respect to the Services and supersede all prior or contemporaneous understandings.

19. Contact Us

If you have any questions about these Terms, please contact us at legal@foundwayai.com.