Welcome to FoxCue, a digital platform designed to empower users to create videos using a robust toolset. This set of tools enables users to capture videos, modify content, compose new sequences (including presentations, interviews, photos, video shots, tweets, and titling), stream videos, and share produced videos with third-party platforms.
The Services offered by FOXCUE encompass multiple components:
For the purposes of these Terms of Service, all these components & including the website, desktop software (for Windows and Mac), mobile applications, cloud services, software, and other related features – will be collectively referred to as the Services.;
By accessing or using the Services, you agree to be bound by these Terms of Service and any other policies or guidelines incorporated by reference. If you do not agree to these terms, you should not access or use the Services.
The brand name and Services known as FOXCUE are owned and operated by Jasmine Rakesh Patel, with a registered address at 57 Adamsville Road, Brampton, L6X 2X3, Ontario, Canada (hereinafter referred to as FOXCUE, we, or us).
Please read the following terms and conditions carefully, as they govern your use of the FOXCUE Services (hereinafter referred to as the Terms ).
By clicking the I Agree button, or by using the Services, including all content, information, designs, products, or services available within, you agree to be bound by these Terms of Service. If you do not accept these Terms in their entirety, you may not access or use the Services or your account.
The Terms apply to the use of the Services and any content accessible through any communication means, including smartphones and tablets. Use of the Services may be subject to additional terms and conditions that govern the use of mobile devices, such as Apple's App Store and Google's Play Store terms, as well as agreements relating to social network accounts and their respective privacy policies. You are solely responsible for complying with any such additional applicable terms and conditions.
FOXCUE may update, change, or modify the Terms at its sole discretion. Such changes will be effective immediately upon their posting on the Services. It is your responsibility to check the Terms for updates. Your continued use of the Services after such updates will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, you must cease using the Services.
By using the Services, you consent to downloading and installing updates, including automatic updates, to the Services.
FOXCUE offers a set of tools to create, edit, publish, and watch videos through a mobile app and/or a web app. These tools allow you to produce videos for a variety of purposes (hereinafter: the "Products").
THE SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, you must not use or access the Services at any time or in any manner. Furthermore, by using the Services, you affirm that you are either at least 18 years of age or that you have been authorized to use the Services by your parent or guardian who is at least 18 years of age.
Subject to these Terms, FOXCUE grants you a worldwide, limited, revocable, non-exclusive, personal, non-transferable, non-assignable right and license, valid until the termination or expiration of these Terms or your account, to access, download, install, and use the Application to utilize the Services in accordance with these Terms.
Subject to these Terms, you may access and use the Services for both personal and commercial purposes. The License allows you to use the Services for any commercial activity that directly or indirectly derives a commercial benefit or pecuniary gain for the user.
Some of the Services are offered free of charge, with the condition that Products produced through the Application bear the FOXCUE watermark. FOXCUE may, at its sole discretion, convert a free-of-charge Service to a paid one, or modify rates and payment terms. If such changes occur, FOXCUE will provide prior notification and seek your consent. If you do not consent to the new terms, FOXCUE may block your access to the Services and terminate your use.
To remove the FOXCUE watermark from your Products, you can convert to a "Paid Account" by paying the fees listed on the Website (hereinafter: "the Fees"). FOXCUE will automatically bill you from the date of conversion to a Paid Account and continue on each periodic renewal until you cancel. You are responsible for all applicable taxes, and FOXCUE will charge tax where required by law.
Paid Services are available to a person or a single organization that authorizes its employees and contractors to use the Products.
Your Paid Account remains active until it's canceled or terminated according to these Terms. You may cancel at any time, but refunds are only issued if required by law. FOXCUE may change the fees and will give you advance notice through a message to the email address linked to your account.
In the future, FOXCUE may introduce additional features that require additional fees. Rates and payment terms will be posted on the relevant pages and become effective immediately upon posting on the Website. Failure to settle payments for a Paid Service will prevent further use of the Services, in addition to other remedies available to FOXCUE under applicable law. FOXCUE does not provide refunds for the Services, except as required by law.
The following policy outlines the acceptable use of content on the Services, as well as restrictions, responsibilities, and consequences related to content.
FOXCUE provides various content, such as photos, background covers, music tracks, and other materials (collectively referred to as "Content"), for use within the Services. However, since much of this content may originate from third parties, FOXCUE does not guarantee its accuracy, completeness, credibility, authenticity, validity, integrity, or legality. By using this Content, you do so at your own risk. FOXCUE is not liable for any consequences arising from your use of the Services or Content.
You agree to release and hold harmless FOXCUE, its directors, officers, employees, agents, successors, advisors, consultants, and assignees from any claims arising from your use of the Services and Content. It’s your responsibility to ensure that the Content, products, or information available through the Services meet your specific requirements and can be used by you.
The Services offer optional music tracks for synchronization in your Products. If you choose to use this feature, you receive a non-exclusive license to reproduce, synchronize, publicly perform, and communicate the synchronized Product to the public. However, this license does not permit using music or other features for purposes other than creating your Product.
FOXCUE respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe your content has been used without authorization, you can report it to FOXCUE following the DMCA process. We will take appropriate action, including removing infringing content or terminating accounts of repeat infringers.
You agree to abide by all applicable local, national, and international laws, regulations, rules, and any usage guidelines that FOXCUE provides. You are solely responsible for acts or omissions related to your use of the Services and for anyone accessing the Services on your behalf. By accessing the Services, you agree to indemnify and hold FOXCUE, its directors, officers, employees, agents, and assignees harmless from any claims or losses arising from your use of the Services or your violation of these Terms.
You agree not to engage in the following activities while using the Services:
1. Interference: Deliberately or unintentionally disrupting the operation or functionality of the Application or Services.
2. Unauthorized Use: Using the Application or Services in any manner not permitted by these Terms.
3. Data Collection: Collecting or compiling information from the Services in a manner that may impair or disrupt its functionality.
4. Automated Tools: Using robots, crawlers, or similar tools to gather information from the Services.
5. Security Breach: Attempting to probe, scan, or test the vulnerability of the Application or any FOXCUE system or network.
6. Data Harvesting: Collecting or processing personal information about other users without their explicit consent.
7. Impersonation: Impersonating any person or entity or providing false information about your identity.
8. Breach of Terms: Violating these Terms or any other rules established by FOXCUE.
9. Illegal Activity: Engaging in illegal or unauthorized activities, including transmitting spam or bulk communications.
Additionally, you agree not to upload, post, or transmit any content through the Application or Services that is:
10. Fraudulent or Misleading: Content that misleads or is intended to deceive.
11. Infringing: Content that violates or promotes the violation of others' proprietary rights.
12. Privacy Violations: Content that infringes on the privacy of others.
13. Abusive or Offensive: Content that is threatening, vulgar, violent, obscene, or otherwise offensive.
14. Harmful to Minors: Content that harms or attempts to harm minors.
15. Malicious Software: Content containing computer viruses or harmful code.
16. Defamatory or Slanderous: Content that slanders or libels others.
17. Criminal Activity: Content that encourages or advises in the commission of a criminal offense.
You are solely responsible for the content you upload, disseminate, or otherwise make available through the Services and any consequences associated with it. Use of the Services is entirely at your own risk or, where applicable, at the maximum risk permitted by law.
FOXCUE may suspend or terminate your use of the Services or block your access without prior notice if it believes you are using the Services fraudulently or abusively.
FOXCUE respects the intellectual property of others and asks that you do as well. We respond to notices of alleged rights' infringement, such as copyright or trademark infringement, if they comply with the law. FOXCUE may delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
Unless otherwise permitted in these Terms or on the Website, you may not copy, distribute, display, sublicense, decompile, disassemble, exploit, adapt, create derivative works, or otherwise make commercial use of any content on the Services. Unauthorized use of content with intellectual or other proprietary rights requires prior written authorization from FOXCUE.
FOXCUE may host user-generated content from its users, including videos, images, text, and other materials. By accessing our Services, you acknowledge that user-generated content is not controlled by FOXCUE, and we do not pre-screen or regularly monitor it. As such, you may encounter user-generated content that is offensive, inappropriate, or upsetting.
Your sole remedy if you find user-generated content offensive or disagreeable is to stop viewing the content. However, we encourage you to report offensive user-generated content to us at support@foxcue.com. We will review such reports and take appropriate action as required by our policies and applicable law.
FOXCUE respects the intellectual property rights of others, and we expect our users to do the same. If you believe that your intellectual property rights have been violated, please notify us with a clear and detailed notice of infringement, consistent with Canadian laws. We will respond to valid infringement claims in a timely manner.
Your notice of intellectual property rights infringement should include:
1. A description of the work or property that you believe has been infringed.
2. The specific location on the Services where the infringing content is found.
3. A statement of good faith belief that the use of the content is unauthorized.
4. Your contact information, including your name, address, email address, and phone number.
5. A statement under penalty of perjury that the information provided is accurate and that you have the authority to act on behalf of the copyright or intellectual property owner.
FOXCUE reserves the right to remove infringing content and take additional actions, including terminating user accounts, in response to intellectual property rights infringement.
Access to the Services and the creation of a personal account (an "Account") is restricted to registered users. To create an Account, you must provide certain contact and personal information, including your full name, an active email address, and a unique username and password. By registering, you represent and warrant that: (a) all required registration information you submit is truthful and accurate, and (b) you will maintain the accuracy of this information.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. If you suspect unauthorized use or any breach of security, you agree to immediately notify FOXCUE. FOXCUE will not be liable for any loss or damage arising from the use of your Account.
You may delete your Account at any time, for any reason, by contacting us at the email address provided below. You can update and modify your registration details through your personal account settings on the Services.
You are fully accountable for any consequences resulting from false, inaccurate, or incomplete information provided during registration and for any misuse of your Account. Ensure that the information you submit remains accurate and up-to-date.
If you log into third-party service providers through the Application, such as social networks, FOXCUE may have access to some of your profile information, including photos, videos, music, email addresses, and other content. FOXCUE can only access information that your social network provider (or other third-party provider) makes available according to your privacy settings and authorizations granted during registration.
Please note that FOXCUE does not store your passwords for third-party services, and only you can control and authorize access to these accounts through the Application. If you connect your FOXCUE account to your YouTube account, you are bound by YouTube's Terms of Service. Please refer to the YouTube Terms of Service page for more information.
FOXCUE will use your personal information in accordance with its Privacy Policy which details how your personal data is handled and protected.
You are free to stop using the Services and/or Application at any time, and you may delete your Account by following the designated procedures on the Website or Application. If you do, all content, Products, videos, and related data associated with your Account may be permanently deleted.
FOXCUE reserves the right to discontinue the Services at any time for various reasons, including unforeseen circumstances, compliance with legal requirements, or strategic decisions. If this occurs, FOXCUE will make reasonable efforts to give you prior notice, allowing you to download your Products from the Website or Application. FOXCUE may also, at its sole discretion, discontinue or terminate the operation of the Services, either temporarily or permanently, for all users or specific users.
In addition to any remedies available under applicable law, FOXCUE may temporarily or permanently deny, limit, suspend, or terminate your Account and block access to the Services if FOXCUE determines, at its sole discretion, that:
1. Breach of Terms: You have breached these Terms or other applicable rules.
2. Violation of Laws: You have engaged in acts or omissions that violate any applicable law, rules, or regulations.
3. Harmful Conduct: You have engaged in conduct that is harmful or likely to be harmful to FOXCUE, other users, or third parties.
4. False Information: You have deliberately submitted false or misleading information.
Upon termination of these Terms or your Account for any reason, FOXCUE reserves the right to delete all information, Products, videos, and data stored on its servers. FOXCUE will not be liable for any loss or damage arising from the termination of access to the Services or the deletion of information, videos, or data.
FOXCUE will not be liable to you or any third party for any consequences arising from the termination of your Account or the discontinuation of the Services, including loss of content or data. If you are concerned about data loss, ensure you maintain backups of your Products and related content.
FOXCUE values your privacy and is committed to protecting your personal information. Our Privacy Policy, available at FOXCUE Privacy Policy, outlines our data collection, use, and protection practices. By using the Services, you agree to the terms outlined in the Privacy Policy.
As FOXCUE integrates with various third parties such as service providers, social networks, and photo banks, the use of the Services may be subject to additional terms and conditions from these third parties. This also includes their privacy policies. We recommend reviewing these terms and privacy policies to understand how your data is used and protected when interacting with such third-party services.
FOXCUE complies with the California Consumer Privacy Act ("CCPA") regarding the handling of "personal information." Our Privacy Policy provides a detailed list of the categories of personal information we collect, use, disclose, and share. This information may include identifiers, internet activity, geolocation data, and other personal information as defined by the CCPA.
If you are a California resident, you have certain rights under the CCPA, such as:
1. Right to Know: The right to request information on the personal information we collect and how it's used.
2. Right to Delete: The right to request the deletion of your personal information, with certain exceptions.
3. Right to Opt-Out: The right to opt-out of the sale of your personal information.
4. Right to Non-Discrimination: The right to not face discrimination for exercising your CCPA rights.
To exercise any of these rights, or if you have questions about our privacy practices, please refer to the instructions in our Privacy Policy or contact us at support@foxcue.com.
FOXCUE may include advertisements and/or commercial information in the Services. These advertisements or information may originate from FOXCUE or third parties. If such content comes from third parties, FOXCUE cannot guarantee its reliability or accuracy and is not liable for any inaccurate, unreliable, untimely, or incomplete information contained therein or for any reliance you place on it.
Third-party advertisers may use technology to deliver advertisements and links directly to your browser. This technology may include cookies, JavaScript, or similar methods to measure the effectiveness of their advertisements and personalize the content you see. When this occurs, they automatically receive your IP address. FOXCUE does not control or assume responsibility for these third-party practices and does not accept liability for how third-party advertisers use your information.
The Services may contain links to other websites, social networks, or external sources provided by third parties. FOXCUE's inclusion of these links does not imply endorsement, sponsorship, or confirmation of the accuracy, authenticity, reliability, validity, or legality of their content. FOXCUE assumes no responsibility for the availability of such external sites or resources. By using the Website or Application, you expressly relieve FOXCUE from any and all liability arising from your use of third-party websites.
FOXCUE is not responsible for any damage or loss caused by or alleged to be caused by the use or reliance on content, goods, or services available on or through any third-party site or resource. You agree that FOXCUE shall not be responsible or liable, directly or indirectly, for any consequences resulting from third-party advertisements, links, or commercial information.
All rights, titles, and interests in and to the Services, including but not limited to patents, copyrights, trademarks, trade names, service marks, designs, background pictures, trade secrets, and other intellectual property rights, along with any associated goodwill, are owned by or licensed to FOXCUE.
The content provided to you on or through the Services, including text, photos, music tracks, and interactive features, may be protected by copyright or other intellectual property rights owned by FOXCUE or its third-party licensors. You may only use this content to create Products through the Application. Any unauthorized use of this content is subject to all rights held by the respective owners.
You may not use, reproduce, or distribute any artworks, designs, trademarks, creations, or other works that might infringe upon third parties' intellectual property rights. FOXCUE assumes no responsibility or liability for your use of third-party intellectual property. If your use of the Services involves any third-party intellectual property, you are solely responsible for obtaining the necessary permissions or licenses.
FOXCUE explicitly disclaims liability for any damage or loss caused by or allegedly caused by your use of or reliance on third-party intellectual property, including artworks, designs, trademarks, and creations.
By using the Services, you grant FOXCUE the right to publicize that you are a user of the Services. This may include FOXCUE's use of your name, logo, or other identifying information in promotional or marketing materials, unless you notify FOXCUE otherwise.
FOXCUE may, but is not obligated to, maintain the Services with periodic releases, including bug fixes, code updates, or upgrades
You agree to indemnify, defend, and hold FOXCUE (and its officers, directors, employees, agents, and affiliates) harmless from any claim, demand, action, or proceeding made by any third party, including costs and reasonable attorneys' fees, due to or arising from:
1. Your Use of the Services: Any use of the Application or Services by you.
2. Your User Content: Any content, including Design Contests, Design Concepts, Design Templates, and Reviews, that you create or share.
3. Your Interactions: Any interaction you have with other users of the Services.
4. Violation of Agreements or Laws: Your violation of this Agreement or any applicable laws.
FOXCUE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FOXCUE.
You agree, at your own expense, to defend, indemnify, and hold FOXCUE and its officers, directors, and employees harmless from and against any claims, actions, or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from:
1. Your Use of the Services: Including any misuse or unauthorized use.
2. Violation of Terms: Your violation of these Terms or any related policies.
3. Violation of Third-Party Rights: Your infringement on any third-party rights.
FOXCUE will use reasonable efforts to notify you of any claim, action, or proceeding upon becoming aware of it, allowing you to prepare for your defense or cooperate with FOXCUE's defense strategy.
These Terms are governed by, and construed in accordance with, the laws of Canada. The parties irrevocably submit to the exclusive jurisdiction of the courts of Ontario, Canada, for any disputes arising from or relating to these Terms or the Services.
Disputes with FOXCUE must be resolved on an individual basis. You agree not to bring a claim as a plaintiff or a class member in any class action, consolidated, or representative proceeding.
If any provision of these Terms is deemed illegal, invalid, or unenforceable by a competent court or other lawful authority, such provision will be enforced to the maximum extent permitted by law. The invalidity or unenforceability of a specific provision will not affect the validity or enforceability of the remaining provisions of these Terms. In such cases, the provision in question will be modified to reflect the original intent while complying with the applicable law. If the provision cannot be modified, it will be severed from the Terms, and the rest of the Terms will continue to remain in full force and effect.
No waiver, concession, extension, representation, alteration, addition, or derogation from these Terms by FOXCUE will be effective unless explicitly agreed upon and executed in writing by an authorized FOXCUE representative. FOXCUE's failure to demand performance of any provision in these Terms does not constitute a waiver of any of its rights.
Any notice given under these Terms must be in writing and signed by the party or its agent giving the notice. A notice is considered received when:
1. Hand Delivery: It is delivered by hand to the recipient.
2. Email: It is sent via email, upon confirmation of receipt by the recipient or their email server.
These provisions ensure that all modifications to the Terms and communications between parties are handled formally and with clear acknowledgment.
If you have any questions, claims, or complaints regarding the Services, you can contact FOXCUE at any time via email at support@foxcue.com. We aim to respond promptly and address your inquiries or concerns.