Foxy AI Services Terms of Use

This document sets forth the terms under which FoxyAI, Inc. ("Foxy") makes Foxy AI Services ("Foxy Services") available for use by approved third parties. By using Foxy Services, You ("You") agree to be bound by these Terms of Use ("Terms"). Foxy may modify or revise these Terms at any time. Your continued use of Foxy Services will constitute your acceptance of and agreement to any such changes.

1. Registration with Quality Score

In order to access or utilize Foxy Services, you must first request a valid Foxy API Key ("APIKEY"), as applicable. All queries sent to Foxy Services requesting data must reference your valid APIKEY. This license is personal to You, and any affiliates must seek and obtain their own license and key.

2. Use of Foxy AI Services

Subject to your full compliance with these Terms, Foxy Services hereby grants to You a non-exclusive, revocable, non-sublicensable, non-transferable license to display Foxy Services on approved websites and mobile applications and to reproduce and display the Foxy AI name and logo solely in connection with such display. You may not use in your URLs nor purchase or register in any registrar, search engine, referral or advertising service (such as Google's AdWords) any of the following terms: "Quality Score", "qualityscore", "home score", "home quality score", "condition score", "Foxy", "Foxy AI". You may not use Foxy Services for any other purpose not expressly and unambiguously authorized by these Terms, without Foxy's prior written consent. All rights not expressly granted to You under these Terms are reserved by Foxy. You are limited to an amount of free Foxy Services per month, as determined by Foxy. Higher daily limits are available with a Foxy AI Services subscription.

3. Acceptable Use

You agree not to use Foxy Services in any way that is unlawful, or harms Foxy, its service providers, its suppliers, your end users, or any other person. Foxy may terminate your use if and when Foxy, in its sole discretion, determines that your use is inappropriate. You further agree not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of Foxy AI Services. You will not provide a means to execute any "bulk download" operations; cache or otherwise store any Foxy Services content and/or modify any Foxy Services content, without Foxy's prior written consent.

4. Branding & Linking Requirements

Foxy Services APIs (including the Quality Score API): You agree to follow the branding and linking requirements detailed online. In addition, each Quality Score you display must include the "Powered By Foxy AI" Icon, hyperlinked to FoxyAI.com and a hyperlink to "How it works".

5. Proprietary Rights

Foxy owns all intellectual property rights (including without limitation all copyrights, trademarks, patents and trade secrets) in and to all versions of Foxy AI Services, including without limitation all software and content.

6. Termination

Foxy reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to You, to change, suspend or discontinue Foxy Services and/or suspend or terminate your rights under these Terms to access, use and/or display (as applicable) Foxy Services. Any termination of these Terms shall also immediately terminate the licenses granted to You hereunder. Upon any termination of these Terms, You shall promptly delete and remove all calls to the Foxy Services from all web pages, scripts, widgets, applications, and other software in your possession or under your control.

7. Indemnity

You agree that your use of Foxy Servicesis at your own risk and You agree to hold harmless and indemnify Foxy and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fee) arising from, or in any way related to your or your users' use of the Foxy AI Services or any content displayed on your website.

8. No Warranty; No Support

FOXY AI SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, FOXY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING FOXY SERVICES, THE QUALITY SCORE INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, FOXY DISCLAIMS ANY WARRANTY THAT YOUR USE OF FOXY AI SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS DO NOT ENTITLE YOU TO ANY SUPPORT FOR FOXY SERVICES.

9. Liability Limitation

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT SHALL FOXY OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE FOXY SERVICES, EVEN IF FOXY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.

10. Limited Relationship

Foxy and You are, and shall remain, independent contractors, and nothing in these Terms shall be construed as creating an employer-employee relationship, partnership or joint venture. Although You are permitted to publicize your use of Foxy Services, You agree not to make any other statements, without the prior written consent of Foxy, implying a different kind of relationship between You and Foxy including any implied endorsement of your content, products, or services by Foxy. You do not have any authority of any kind to bind Foxy in any respect whatsoever.

11. General

You represent that you have the authority to bind the organization (if any) identified in your application for the Foxy Services. You may not transfer, assign, or delegate the Terms and your APIKEY to any third party. Foxy's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms constitute the entire agreement between you and Foxy with respect to the Foxy Services and supersede all prior or contemporaneous communications of any kind between You and Foxy with respect to Foxy Services.

12. Contact and Violations

Please contact contact contact@foxyai.com with any questions.
Last modified November 2018