Terms and Conditions

Please read these Terms and Conditions ("Terms") carefully before accessing or using the Foambyte website, web application, or related services (collectively, the "Service").

1. Agreement to Terms: By accessing or using the Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Service. You are responsible for ensuring that your use of the Service complies with any applicable local laws.

2. Use of the Service and License: Foambyte grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal, lawful business or personal use in accordance with these Terms. You may not copy, modify, or create derivative works of the Service; use the Service for any unlawful, abusive, or fraudulent purpose; attempt to reverse engineer, decompile, or extract source code; circumvent security or access controls; or remove proprietary notices.

3. Software, Calculations, and Brewing Disclaimer: The Service provides tools for recipe formulation, production planning, cost estimation, and related calculations. These tools are provided for informational and planning purposes only. Foambyte does not guarantee accuracy, regulatory compliance, or specific production, fermentation, financial, or commercial outcomes. You are solely responsible for verifying outputs and ensuring product safety, quality, and legal compliance.

4. Limitation of Liability: To the maximum extent permitted by law, Foambyte shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profit, business opportunities, or production downtime, arising out of or related to your use of or inability to use the Service, even if advised of the possibility of such damages.

5. Accuracy of Materials: The Service may contain technical inaccuracies, typographical errors, or outdated information. Foambyte does not warrant that any content is accurate, complete, or current, and may modify, update, or discontinue any part of the Service at any time without notice.

6. Third-Party Links and Services: The Service may contain links to third-party websites or integrations. Foambyte is not responsible for the content, policies, or practices of any third-party services. Use of third-party services is at your own risk and subject to their respective terms.

7. Modifications: Foambyte may revise these Terms at any time. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

8. Privacy Policy: Your use of the Service is governed by our Privacy Policy, which explains how we collect, use, and protect personal information. By using the Service, you consent to our data practices as described therein.

9. Governing Law: These Terms are governed by and construed in accordance with the laws of the United States of America and the State of Minnesota, without regard to conflict of law principles. You agree that any disputes arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Minnesota. If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

10. Privacy Rights: We collect and process personal information in accordance with our Privacy Policy. By using the Service, you acknowledge and agree to such collection and use as described therein.

11. Merchant of Record: All payments for subscriptions and services are processed by Paddle (https://www.paddle.com/), our authorized Merchant of Record. Paddle handles payment processing, billing, applicable taxes (including VAT where required), and refund transactions. When you make a purchase, you enter into a transaction with Paddle as the Merchant of Record, and your payment is subject to Paddle’s applicable billing and payment terms.

12. Subscription Purchases: By purchasing a subscription to our services, you agree to pay the applicable fees for the selected plan on a recurring basis unless cancelled prior to the next billing cycle. Subscription fees are billed in advance on a monthly or annual basis depending on the selected plan.

13. Refund Eligibility: Refund requests may be granted at our sole discretion in the following circumstances: Duplicate or accidental charges; Technical failures that prevent reasonable use of the service and cannot be resolved within a reasonable time; Accidental purchases reported shortly after the transaction. Refund requests must be submitted within 7 days of the original transaction date.

14. Non-Refundable Situations: Except where required by applicable law, refunds are generally not provided for: Subscription periods that have already been used; Failure to cancel a subscription before the renewal date; Lack of use of the service; Dissatisfaction based on features clearly described prior to purchase.

15. Subscription Cancellation: Users may cancel their subscription at any time through their account settings or via the Paddle customer portal. Cancellation will stop future billing but will not result in a refund for the current billing period unless otherwise required by law. Access to the service will remain active until the end of the paid subscription period.

16. Refund Processing: If a refund is approved, the refund will be issued by Paddle using the original payment method used for the purchase. Processing times may vary depending on the payment provider and typically take 5 to 10 business days to appear in the customer’s account.

17. Chargebacks and Fraud Prevention: We reserve the right to investigate refund requests and deny refunds in cases of suspected abuse, fraudulent activity, or attempts to circumvent billing policies. Initiating a chargeback without contacting support first may result in suspension or termination of the associated account.

18. Consumer Protection Laws: Nothing in our refund policies limits or excludes any consumer rights that cannot be limited or excluded under applicable consumer protection laws.

19. Contact Information: If you have any questions about these Terms and Conditions, please contact us at: Foambyte LLC, Email: info@foambyte.com.