Legal
Terms of Service. The rules for using FoxCue.
The terms for using foxcue.com and your FoxCue account at app.foxcue.com.
Contents
- 1. Agreement
- 2. Your rights
- 3. Your responsibilities
- 4. The services
- 5. Your content
- 6. AI-generated output
- 7. No guaranteed results
- 8. Ownership
- 9. Third-party services
- 10. Fees and payment
- 11. Term, suspension and termination
- 12. Confidentiality and data
- 13. Acceptable use
- 14. Publicity
- 15. Disclaimers
- 16. Limitation of liability
- 17. Indemnity
- 18. General
- 19. Definitions
- 20. Contact
1. Agreement
These Terms of Service ("Terms") govern your access to and use of the websites and services of FoxCue ("we", "us", "our"). FoxCue can be reached at 2 County Court Blvd., Suite 400, Brampton, L6W 3W8, Ontario, Canada, and at support@foxcue.com. By accessing or using the Services:
- You agree to these Terms and confirm that you have read our Privacy Policy.
- You affirm that you are at least 18 years old and have the legal capacity to enter into this agreement.
- If you are acting for a company or other entity, you warrant that you are authorized to bind it, and "you" means that entity.
If you do not agree to these Terms, you must stop using the Services.
"You" and "your" mean the Subscriber. The parties, each a "Party" and together the "Parties", agree as follows. Capitalized words are defined in §19.
2. Your rights
Subject to these Terms, and during the Subscription Term, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes, on the plan you choose or that is stated in an Order Form. The right is limited to the workspaces and users your plan includes. All rights we do not expressly grant are reserved.
3. Your responsibilities
Your account
- Access is limited to the users included in your plan or Order Form.
- Each user needs unique login credentials. One person, one login. You will not share logins.
- You are responsible for activity under your account and for teammates you invite. Tell us promptly at support@foxcue.com if you suspect unauthorized access.
- You must be at least 18 to use the Services.
Your promises about Customer Data
You represent that you have the rights to submit Customer Data to us, including consent from people who appear or speak in recordings, and that doing so does not violate law or anyone else's rights. Connected Google and YouTube accounts must be used in line with those platforms' terms.
4. The services
- The FoxCue app at app.foxcue.com lets you turn your website, help docs, and connected Search Console and YouTube data into video ideas, source-grounded scripts, and videos, record in the browser studio, edit those videos, and see how they perform. Some features are labeled beta, including tracking whether selected AI engines cite your brand, your site, or your videos. foxcue.com is our marketing site. docs.foxcue.com is our documentation.
- Trial. We may offer a trial on the terms we show you when you start it. A trial is subject to these Terms. We may end a trial at any time. Trial credits have no cash value and are not refundable.
- Updates. We may add, change, or remove features. Updates are covered by these Terms. If we discontinue a material feature you are paying for, we will tell you in advance and, where we have no reasonable substitute, refund the prepaid fees for the unused remainder of that Subscription Term.
- Downtime. The Services may be unavailable during maintenance or because of failures outside our control. We will make reasonable efforts to give advance notice of scheduled maintenance.
5. Your content
- Ownership. You keep all rights in Customer Data, including site pages, docs, Search Console and YouTube data you connect, recordings, brand assets, and logos.
- Licence to us. You grant us a worldwide, non-exclusive licence to host, copy, process, transcribe, and display Customer Data only to provide, secure, and support the Services for you. That includes sending the relevant parts to subprocessors such as AI model providers. The licence ends when the data is deleted under the Privacy Policy.
- No training. We do not use Customer Data to train FoxCue's own general-purpose models. Google API data is handled under the Limited Use terms in the Privacy Policy.
6. AI-generated output
- FoxCue uses AI to draft ideas, scripts, narration, edits, and citation reports ("Output"). A citation shows the source passage a claim came from. It does not mean the claim is correct, complete, or current.
- You must review Output before you publish it, including product claims, legal or regulatory statements, and anything about a third party. You are responsible for what you publish.
- Output may resemble output produced for someone else. We do not guarantee that Output is unique, accurate, or non-infringing.
- Between you and FoxCue, you own Output, to the extent the law allows, subject to third-party rights and to FoxCue Materials embedded in it. Section 8 describes that licence.
7. No guaranteed results
FoxCue is built to help your brand get cited in Google AI Overviews and other AI search tools. We do not control those systems, and we do not guarantee citations, rankings, impressions, traffic, views, or revenue. Tracking reports describe answers we observed. They are not a promise of future placement. Examples, benchmarks, and third-party statistics we publish are for information only.
8. Ownership
- FoxCue Materials. We own the Services and all intellectual property in them, including software, templates, motion blocks, styles, prompts, models we develop, and know-how. Customer Data and your rights in Output are excluded from that ownership.
- Licence to materials inside Output. We grant you a non-exclusive licence to use FoxCue Materials only as they are incorporated into Output you create with the Services, for your internal business purposes, while these Terms are in effect and your fees are paid. You may not extract those materials and resell or reuse them separately.
- Third-party assets. Stock media, fonts, music, and voices from third parties remain under their own licences. You will follow any restriction we or the provider tells you about.
- Feedback. If you send suggestions, we may use them without obligation to you.
9. Third-party services
The Services connect to third parties, including Google Search Console, YouTube, and AI model providers. Their terms govern your use of their services. FoxCue uses YouTube API Services. By connecting YouTube you agree to the YouTube Terms of Service at https://www.youtube.com/t/terms, and Google describes its own data practices at https://policies.google.com/privacy. We are not liable for a third party's availability, changes, or handling of data. If a platform withdraws access, the related FoxCue feature may stop.
10. Fees and payment
- Subscription charges. FoxCue has no paid plans while it is in early access. When paid plans open, fees are the prices we show you before you subscribe, or the prices in an Order Form, in US dollars, and are payable in advance. A later published price, or an Order Form, applies to a new subscription or renewal.
- Credits. A paid plan may include a monthly credit allowance, as described when you subscribe. Monthly credits reset when the plan renews and do not roll over. Credit packs are one-time purchases. Purchased credits stay available for the period shown at purchase and require an active subscription to use. Credits have no cash value. We do not buy extra credits for you automatically unless you turn on an automatic top-up and set a spending limit.
- Payment. You authorize us, or the payment agent we use, to charge your payment method on subscription and on each renewal. If we invoice you instead, payment is due within 30 days of the invoice date unless the Order Form says otherwise. You will keep a valid payment method on file for paid plans.
- Refunds. Subscription Charges and credit purchases are prepaid and non-refundable, except where the law requires a refund or an Order Form says otherwise. We do not refund unused time, unused credits, or a partial month, except for the pro-rata refund in §11 if you terminate for our uncured material breach, or the refund in §4 if we discontinue a material paid feature without a reasonable substitute.
- Cancellation of renewal. You may cancel renewal before the next billing date. You keep access until the end of the period you have already paid for. Cancelling does not refund that period.
- Late payment. If a charge fails or an invoice is not paid by the due date, we will notify you. You must pay within 10 days of that notice. If you do not, we may charge a late fee of 1.5% per month (or the highest rate the law allows, if lower), suspend the Services, and terminate the account.
- Taxes. Fees exclude taxes. You are responsible for sales, use, VAT, GST, HST, and similar taxes, other than taxes on our net income.
- Price changes. We may change prices for a future billing period by posting the new price and emailing the account address at least 30 days before it applies. The new price does not apply to a period you have already paid for. You may cancel renewal before the new price takes effect.
11. Term, suspension and termination
- Term. These Terms apply from your first use and, for a paid plan, for the Subscription Term shown when you subscribe or in the Order Form. Paid plans renew monthly until you cancel or we end them under this section.
- Termination by you for breach. You may terminate if we materially breach these Terms, you give written notice, and we do not cure the breach within 30 days. If you terminate for that reason, we will refund prepaid Subscription Charges for the unused remainder of the Subscription Term.
- Suspension or termination by us. We may suspend access if you do not pay, as described in §10, or if you violate these Terms. If we believe you have breached these Terms, we will notify you and, unless the breach is not curable, give you 15 days to stop the activity. If you do not cure it in that time, or the breach cannot be cured (including non-payment after the notice in §10, fraud, or a threat to the Services or to other customers), we may terminate the account. We may also end a trial under §4, and we may discontinue the Services on written notice.
- Insolvency. Either Party may terminate on written notice if the other becomes insolvent, makes an assignment for creditors, becomes subject to bankruptcy proceedings (other than an involuntary petition dismissed within 60 days), or has a receiver or trustee appointed over a material part of its assets.
- Effect of termination. When the account ends, access stops. You may export Customer Data for 30 days after termination. We then delete it as described in the Privacy Policy: Customer Content within 30 days, and backups overwritten within 35 days. We may keep billing records for 7 years. Sections that by their nature should survive do survive, including the sections named in §18.
12. Confidentiality and data
- Confidentiality. Each Party will protect the other's Confidential Information with at least reasonable care, use it only to perform these Terms, and share it only with people who need it and are bound by similar duties. This duty does not cover information that is public through no fault of the receiver, was already known, was independently developed, or must be disclosed by law. If the law requires disclosure, the disclosing Party will give notice where it legally can. Customer Data is Confidential Information. This section replaces any earlier non-disclosure terms that cover the same information, for the period these Terms are in effect.
- Credentials. You will keep login credentials confidential. We may disable credentials if we reasonably believe this duty has been broken. We are not responsible for unauthorized access that results from your failure to protect them.
- Security. We use technical and organizational measures designed to protect Customer Data against unauthorized access, loss, and destruction, as described in the Privacy Policy. If we confirm a breach of Customer Data, we will notify you without undue delay, as the law requires.
- Processing. We process Customer Data to provide, secure, and support the Services, as these Terms and the Privacy Policy describe. For personal data in Customer Data, you are the Controller and we are the Processor. We act on your instructions, which these Terms document, and on your configuration of the product. Email support@foxcue.com if you need a data processing agreement, including for transfers from the EEA, the United Kingdom, or Switzerland.
- Legal disclosures. We may disclose account information or Customer Data if the law or a lawful request requires it. We may report suspected illegal activity to law enforcement.
13. Acceptable use
You will not, and will not allow anyone else to:
- license, sell, rent, or commercially exploit the Services, except as these Terms allow, or resell them without our written agreement;
- alter, probe, overload, or bypass the security of the Services, or attempt unauthorized access;
- reverse engineer the software, except where the law forbids that limit;
- use the Services to store or process sensitive personal information such as government identifiers, payment card numbers, health records, or biometric identifiers used to identify a person. A recording you make for a video is Customer Data, not a biometric identification program. We do not offer voice cloning;
- upload content you do not have rights to, or content that is unlawful, infringing, defamatory, deceptive, or discriminatory;
- impersonate a person, or publish Output you have not reviewed where that publication would mislead;
- crawl a site you are not authorized to crawl, or use the Services to send spam;
- introduce malware, or use automated means to scrape the Services;
- use a Google or YouTube connection in violation of Google's or YouTube's terms.
We may remove content or suspend access that breaks these rules. We will give notice where it is reasonable to do so. We do not have to give notice before acting on malware, fraud, or a threat to other customers.
14. Publicity
We will not name you as a customer, use your logo, or publish results about you without your written permission. You may withdraw that permission going forward by emailing support@foxcue.com. We will stop new uses within a reasonable time. Materials already printed or already published may remain in circulation.
15. Disclaimers
The Services, including servers, networks, and Output, are provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free. They depend on networks and third parties we do not control. AI Features can be inaccurate, incomplete, or unsuitable for your situation. You are responsible for reviewing Output before you rely on it or publish it.
16. Limitation of liability
- To the fullest extent the law allows, neither Party is liable for indirect, incidental, special, punitive, or consequential damages, or for lost profits, revenue, goodwill, data, or business opportunities, however caused, and whether in contract, tort, or otherwise, even if advised of the possibility.
- Our total liability arising out of the Services or these Terms will not exceed the Subscription Charges you paid us for the Services in the 12 months before the event giving rise to the claim. If you are on a trial and have paid no fees, our total liability for the trial is limited to the maximum extent the law allows, and the Services during a trial are provided with all liability disclaimed to that extent.
- AI Features, including scripting, narration, editing suggestions, and citation tracking, are provided "as is". To the maximum extent the law allows, FoxCue is not liable for loss arising from Output, from your publication of Output, or from citations, rankings, or traffic you expected and did not receive.
- These limits do not apply to your payment obligations, a Party's indemnity obligations, or liability that cannot legally be limited, including liability for fraud or wilful misconduct. Some jurisdictions do not allow certain limitations. In those jurisdictions, liability is limited to the maximum extent the law allows.
17. Indemnity
- By you. You will defend and indemnify us and our personnel against third-party claims, damages, and reasonable legal fees arising out of Customer Data, Output you publish, or your breach of §3 or §13.
- By us. We will defend and indemnify you against a third-party claim that the FoxCue software, as we provide it and used as these Terms allow, infringes that third party's patent, copyright, or trademark. This does not cover claims arising from Customer Data, Output, a combination with anything we did not supply, a modification we did not make, or continued use after we told you to stop because of a claim. If the software becomes, or in our opinion is likely to become, the subject of an infringement claim, we may obtain the right for you to keep using it, modify it, or terminate the affected Service and refund prepaid fees for the unused remainder of the Subscription Term. This subsection is our entire obligation for intellectual-property infringement.
- Procedure. The indemnified Party will give prompt written notice of the claim (delay limits the duty only to the extent it prejudices the defence), give the indemnifying Party sole control of the defence and settlement, and provide reasonable cooperation at the indemnifying Party's expense. The indemnifying Party will not settle a claim in a way that admits fault of the indemnified Party or imposes an obligation on it, other than payment the indemnifying Party makes, without prior written consent, which will not be unreasonably withheld.
18. General
- Governing law and arbitration. These Terms are governed by the laws of Ontario and the applicable federal laws of Canada, without reference to conflict-of-law principles. Disputes arising from these Terms will be resolved through arbitration administered by the ADR Institute of Canada under its arbitration rules. Arbitration will occur in Brampton, Ontario, Canada, with proceedings conducted in English. The arbitrator's decision will be binding and enforceable in courts with proper jurisdiction.
- Changes to these Terms. We may update these Terms by posting the new version on this page. The new version replaces the earlier one. For a material change, we will email the account address at least 10 days before it takes effect. A price increase follows the 30-day notice in §10. If you keep using the Services after the effective date, you accept the updated Terms. If you do not agree, cancel before that date.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them, including to a successor in a merger or sale of the business. These Terms bind permitted successors.
- Notices. We may send notices to the email address on your account, or by a nationally recognized courier to the postal address you gave us. Notices to us must be sent to FoxCue, 2 County Court Blvd., Suite 400, Brampton, L6W 3W8, Ontario, Canada, or by email to support@foxcue.com. A notice is effective when sent by email, or two business days after it is given to the courier.
- Relationship. The Parties are independent contractors. These Terms do not create a partnership, joint venture, franchise, agency, or employment relationship.
- Force majeure. Neither Party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, government action, acts of terrorism, civil unrest, utility or network failure, or a denial-of-service attack. This does not excuse your duty to pay fees.
- Entire agreement. These Terms, the Privacy Policy, and any Order Form are the entire agreement between you and us about the Services. They supersede earlier discussions about the same subject. If there is a conflict, these Terms take precedence over an Order Form, and the latest Order Form supersedes earlier Order Forms. The price, plan, and Subscription Term are the ones on the pricing page or in the latest Order Form when you subscribe or renew, as §10 describes.
- Severability and waiver. If a provision is unenforceable, it will be modified to the minimum extent required, and the rest remains in effect. A failure to enforce a provision is not a waiver.
- Survival. Provisions that should survive termination remain in effect, including §§5, 6, 7, 8, 10, 11, 12, 15, 16, 17, 18, 19, and 20.
19. Definitions
- Account: the workspace created for you to access the Services.
- AI Features: features that use machine learning or a generative model, including scripting, summarization, narration, edit suggestions, and AI-citation checks.
- Confidential Information: information a Party discloses that is marked confidential or that should reasonably be understood to be confidential. Customer Data is Confidential Information.
- Customer Data: electronic data, personal information, recordings, files, and other materials you or your users submit to or connect with the Services, including website and docs content, Search Console data, and YouTube data. Also called "Your Content" where these Terms use that phrase.
- Documentation: the user guides we publish, including at docs.foxcue.com.
- End User: a person other than you or your users who interacts with Customer Data through the Services, including someone who views a share link.
- FoxCue Application: the cloud application at app.foxcue.com for turning docs, website pages, and connected search and video data into video ideas, source-grounded scripts, recordings, edited videos, and AI-citation reports.
- FoxCue Materials: the Services and our templates, styles, prompts, software, and know-how, excluding Customer Data.
- Order Form: an ordering document the Parties sign, or an online checkout, that states the plan, fees, and Subscription Term.
- Output: ideas, scripts, narration, videos, captions, and reports generated by the Services from Customer Data.
- Personal Data: information that identifies or relates to an identifiable individual.
- Services: the FoxCue Application, the Websites, APIs we provide, Documentation, and related support.
- Subscription Charges: the fees for the plan or credits you buy.
- Subscription Term: the period you are subscribed, including renewals.
- Third-party Services: products we do not own that interoperate with the Services, including Google Search Console, YouTube, and AI model providers.
- User: a person you authorize to use the Account, including an administrator.
- Websites: foxcue.com, app.foxcue.com, docs.foxcue.com, and the other FoxCue pages we operate.
20. Contact
Questions about these Terms can be sent to:
- Contact person: Jeel Patel
- Email: support@foxcue.com
- Address: 2 County Court Blvd., Suite 400, Brampton, L6W 3W8, Ontario, Canada
See which videos are worth making.
Join the waitlist, then connect your public website and help docs. Search Console is optional.
Join waitlist