Terms of Service

Counsel-review draft. Effective date pending. Items flagged [COUNSEL] or [ENTITY TBD] need lawyer review before this agreement goes live.

These Terms of Service (“Terms”) govern your use of Foyercal, the scheduling platform available at foyercal.com and its subdomains. By creating an account, accessing the service, or accepting these Terms during signup, you agree to what is written here. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity. You must be at least eighteen years old to use Foyercal.

1. The service

Foyercal is a hosted scheduling product operated by [ENTITY TBD — pending counsel confirmation whether Foyercal trades under The Shadow Legacy or a separately formed entity] (“Foyercal,” “we,” “us”). We provide the software, the infrastructure, the integrations with calendar providers, and the tools you use to take bookings, run a team, and connect to your billing system. We do not provide legal, tax, or business advice through the product, and the product is not a medical or healthcare information system.

2. Your account

You can create an account with an email address and password or with a supported identity provider (Google or Microsoft). Magic-link sign-in is also available. You are responsible for keeping your credentials private, for the activity that happens under your account, and for the people you invite into your organization. You agree to provide accurate information and to keep it current.

We require a working email address so we can reach you for security notices, billing changes, and operational updates. You can change this address at any time from inside the app. Two-factor authentication using TOTP is available on every account, and we strongly recommend enabling it.

3. Acceptable use

You agree not to use Foyercal to:

• Send spam, unsolicited bulk messages, or content that violates the recipient’s consent or applicable anti-spam law (CAN-SPAM, CASL, GDPR direct-marketing rules).
• Harass, defame, threaten, stalk, or impersonate any person, or to facilitate any of the above.
• Distribute malware, run phishing campaigns, or scrape the service in a manner that degrades it for other users.
• Reverse engineer, decompile, or attempt to extract the source code of the service, except where this restriction is prohibited by applicable law.
• Resell, sublicense, white-label, or rent the service to a third party without a written agreement with us.
• Use the service to schedule activity that is illegal in the jurisdiction of the host or the booker, or that violates the terms of any third-party service we integrate with.
• Upload content that infringes intellectual property, violates a person’s privacy, or is otherwise unlawful.
• Use the service in connection with regulated data we are not configured to handle (Protected Health Information under HIPAA, payment card data under PCI scope, classified government information).

We may suspend an account that we reasonably believe is breaking these rules. For clear violations we will act first and explain after; for ambiguous cases we will reach out before acting where we can.

4. Plans, payment, and refunds

Foyercal offers a Free plan, a Pro plan at nine US dollars per user per month, a Team Growth plan at ninety-nine US dollars per month, and Enterprise plans priced per contract. Annual billing is offered at a twenty-percent discount versus monthly. Current prices and feature lists are at foyercal.com/pricingand may be updated with at least thirty days’ notice to existing paying customers.

Paid plans are billed in advance. We do not refund partial months. If you cancel mid-cycle, your paid features remain active until the end of the cycle and the account then drops to Free. Downgrades during a billing cycle apply at the next cycle. Annual plans canceled mid-term are not refunded for the unused portion. Failed payments suspend paid features after a grace period during which we will retry the charge and email you. Sales tax and VAT are added where required by law.

Card payments are processed by Stripe. Card numbers never reach our servers; we receive a token, the expiry month, and the last four digits. If you dispute a charge, please contact us at support@foyercal.com before initiating a chargeback.

5. License grant

Subject to these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Foyercal for your internal business purposes during the term of your subscription. We reserve all rights not expressly granted.

6. Termination and the post-termination period

You can cancel your account at any time from inside the app or by emailing support@foyercal.com. After cancellation we hold your data in a recoverable state for thirty days, during which you can reactivate. After that window a daily cron permanently anonymizes the account: name, email, avatar, bio, and password hash are zeroed; bookings owned by the user are reassigned or anonymized in line with GDPR Article 17. Encrypted database backups age out under their normal retention schedule (see the Data Retention Policy).

We may terminate or suspend your account for material breach of these Terms, for non-payment after notice, or where required by law. We will give you reasonable notice and a chance to export your data unless the breach is one we cannot let continue. Sections that by their nature should survive termination (Sections 9, 10, 11, 12, 13, 14, 15, 16) survive.

7. Your data and your content

You retain all rights to the data you put into Foyercal: calendars, bookings, contacts, custom-question answers, brand assets, and anything you upload. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, transmit, copy, display, and modify that data solely to the extent necessary to provide the service to you.

We use aggregated, de-identified usage data to improve the product. We do not sell your data. We do not use your data to train any third-party machine learning model.

8. Our intellectual property

The Foyercal platform — including the source code, the visual design, the brand, the documentation, and the templates we ship inside the product — belongs to [ENTITY TBD] and its licensors. Nothing in these Terms transfers ownership of our intellectual property to you. Feedback you provide is non-confidential and we may use it without obligation.

9. Third-party services

Foyercal integrates with calendar providers (Google, Microsoft), video conferencing (Zoom), payment processors (Stripe), email delivery (Resend), and infrastructure providers (Vercel, Supabase, Upstash). When you connect or rely on one of these services, your use of that service is governed by its own terms. We are not responsible for the behavior, uptime, or policies of third-party services and we will not act as your support channel for them.

10. Beta, preview, and experimental features

We sometimes release features marked as beta, preview, or experimental. These are provided without warranty as a courtesy. They may change, break, or disappear without notice, and any service-level commitments do not apply to them.

11. Warranties and disclaimers

The service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, error-free, or that defects will be corrected. We do not warrant the accuracy or reliability of any third-party service you connect.

Foyercal is not SOC 2 certified, ISO 27001 certified, or HIPAA-compliant. Do not use Foyercal to schedule appointments that involve Protected Health Information without an executed Business Associate Agreement; we do not currently offer one.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility.

Our total aggregate liability under these Terms, whether in contract, tort, or any other theory, is capped at the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred US dollars. Some jurisdictions do not allow these limitations; in those places, our liability is limited to the smallest amount permitted by law. [COUNSEL: confirm cap level and whether to carve out exceptions for indemnity, breach of confidentiality, or willful misconduct.]

13. Indemnity

You agree to defend, indemnify, and hold harmless Foyercal and its affiliates from third-party claims arising out of (i) your content, (ii) your use of the service in violation of these Terms, or (iii) your violation of applicable law. We will promptly notify you of any such claim, allow you to control the defense (with counsel reasonably acceptable to us), and cooperate at your expense.

[COUNSEL: decide whether to add a reciprocal Foyercal indemnity for IP infringement claims arising from the platform itself, with the standard carve-outs (modifications, third-party content, combined use).]

14. Governing law and disputes

[COUNSEL: choose governing law and forum. Likely candidates: Delaware (if a Delaware LLC is formed), California, or the jurisdiction of the operating entity. Confirm whether mandatory binding arbitration with class-action waiver is appropriate, and which arbitral rules (AAA, JAMS) apply. For EU consumers, mandatory consumer-protection rights of their home jurisdiction will apply regardless of this clause.]

Pending counsel selection, the placeholder is: these Terms are governed by the laws of [GOVERNING LAW JURISDICTION TBD], without regard to its conflict-of-laws rules. Any dispute that cannot be resolved informally will be brought in the courts of [FORUM TBD], and both parties consent to that jurisdiction. Where local consumer law grants you stronger rights, those rights apply.

15. Changes to these Terms

We may update these Terms over time. When we make a material change we will email the address on file at least thirty days before the new version takes effect. Continued use of the service after the effective date counts as acceptance. If you do not agree, you can cancel your account before the change takes effect and we will refund any prepaid amount that covers time after the effective date.

16. Miscellaneous

These Terms, the Privacy Policy, the Cookie Policy, and any order form referenced in your subscription form the entire agreement. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign in connection with a merger, acquisition, or sale of assets. Notices to us must be sent to support@foyercal.com. Notices to you will be sent to the email on file. Force majeure (acts of God, government action, network or infrastructure outages outside our control) excuses performance for the duration of the event.

17. Contact

Questions about these Terms can go to support@foyercal.com. Notices that require formal delivery can be addressed to [ENTITY TBD] at the address provided on request, with a copy to the same email.

Effective date: pending counsel review. Draft prepared by the Foyercal team for legal review.