Terms & Conditions

Last Updated: September 25, 2026.

Please read these Terms and Conditions (“Terms”) carefully before accessing or using the Foambyte website, web application, or related services (collectively, the “Service”). The Service is provided by Foambyte LLC (“Foambyte,” “we,” “us,” or “our”), 202 N Cedar Ave Ste 1, Owatonna, MN 55060.

These Terms contain a binding arbitration agreement and a class action waiver in Section 31, which affect how disputes are resolved. Please read them carefully.

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. If you accept these Terms on behalf of a brewery, company, or other business, you confirm that you have the authority to bind that business to these Terms, and “you” and “your” include that business.

2. Eligibility and Availability:

You must be at least 18 years old, or the legal drinking age in your jurisdiction if that age is higher, to use the Service.
If you use the Service for commercial brewing or other business operations, you are responsible for obtaining and maintaining all licenses, permits, and registrations that your operations require.
The Service is offered to and directed at users in the United States, Canada, and Latin America. Foambyte makes no representation that the Service is appropriate or available for use in other locations. If you access the Service from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

3. Accounts and Security: You are responsible for keeping your login credentials confidential and secure, and for all activity that occurs under your account. You agree to provide accurate and complete registration information and to keep it up to date. You must promptly notify us at info@foambyte.com if you become aware of any unauthorized access to or use of your account.

4. 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;
Remove proprietary notices;
Scrape the Service or access it through automated or bulk means that we do not provide;
Resell, sublicense, rent, or otherwise make the Service available to third parties;
Use the Service to build or benchmark a competing product or service;
Interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure; or
Upload or transmit malware, or any content that is unlawful, infringing, or harmful.

5. Intellectual Property: Foambyte and its licensors own all rights, title, and interest in and to the Service, including its software, design, text, graphics, trademarks, and logos. Except for the limited license expressly granted in Section 4, no rights or licenses are granted to you by implication, estoppel, or otherwise. In particular:

Copyright and protected materials: The Service and its contents are protected by copyright, trademark, trade secret, and other intellectual property laws in the United States, Mexico, and other countries. Protected materials include the software (in source and object code form), the user interface and its overall look and feel, calculators, formulas, and algorithms as implemented in the Service, documentation, website and blog content, images, videos, and the ingredient, style, and other reference data and databases that Foambyte compiles and makes available through the Service.
Trademarks: FOAMBYTE and the Foambyte logo are trademarks of Foambyte LLC. The FOAMBYTE mark is registered in Mexico and is registered or pending registration in the United States, and Foambyte may use or register its marks in other countries. Other product and company names shown in the Service may be trademarks of their respective owners.
Use of our marks: You may not use Foambyte’s names, trademarks, logos, or any confusingly similar names, logos, or domain names without our prior written permission, including in advertising, search-engine keywords, product or app names, business names, domain names, or social media handles, or in any way that suggests sponsorship, endorsement, or affiliation with Foambyte. All goodwill arising from the use of Foambyte’s marks belongs to Foambyte, and your use of the Service does not give you any rights in them.
Reference data and databases: You may not extract, copy, reproduce, republish, or redistribute all or a substantial part of the ingredient, style, or other reference data or databases available through the Service, whether in a single operation or through repeated extraction of smaller parts, except for your own use of that data within the Service or in your own recipes and exports as the Service allows.
AI training and data mining: You may not use the Service, its content, its reference data, or its outputs to train, fine-tune, evaluate, or benchmark any artificial intelligence or machine learning model, or for automated text and data mining, without our prior written permission. This applies in addition to the restrictions in Section 4.
Tools versus your content: You own your User Content as described in Section 6. Foambyte keeps all rights in the tools, templates, calculations, reference data, and other elements of the Service used to create it, and nothing in these Terms transfers those rights to you.
BJCP Style Guidelines: The beverage style catalog and style guidelines used in the Service are the BJCP Style Guidelines, used with the permission of the Beer Judge Certification Program. The BJCP Style Guidelines are Copyright © BJCP, Inc., and all rights in them belong to BJCP, Inc. The most current version of the guidelines is available at www.bjcp.org. Nothing in these Terms grants you any right to copy, reproduce, or redistribute the BJCP Style Guidelines outside the Service; the restrictions on reference data above apply to them, and any other use requires permission from the BJCP. The BJCP’s permission does not mean that the BJCP sponsors or endorses Foambyte or the Service.

Copyright complaints (DMCA): Foambyte respects the intellectual property rights of others and responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable laws, such as Mexico’s Federal Copyright Law.

Notices: If you believe that content available through the Service infringes your copyright, send a written notice to our designated copyright agent at Foambyte LLC, Attn: Copyright Agent, 202 N Cedar Ave Ste 1, Owatonna, MN 55060, or by email to info@foambyte.com with “Copyright Notice” in the subject line. Your notice must include:
- your physical or electronic signature, or that of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work you claim is infringed;
- identification of the allegedly infringing material and information reasonably sufficient for us to locate it, such as a URL;
- your name, postal address, telephone number, and email address;
- a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner’s behalf.
Counter-notices: If content you submitted was removed or disabled in response to a notice and you believe this was a mistake or misidentification, you may send a counter-notice to the same address. It must include your physical or electronic signature; identification of the removed material and where it appeared before removal; a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district where your address is located (or, if your address is outside the United States, any judicial district in which Foambyte may be found) and that you will accept service of process from the person who submitted the original notice or that person’s agent. Where the DMCA applies, we may restore the material in 10 to 14 business days after receiving a valid counter-notice unless the complaining party informs us that it has filed an action seeking a court order.
Misrepresentations: Anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages, including costs and attorneys’ fees.
Repeat infringers: Foambyte may remove content and will, in appropriate circumstances, suspend or terminate the accounts of users who are repeat infringers.

6. Your Content:

You keep ownership of the recipes, production data, notes, and other content you submit to the Service (“User Content”).
You grant Foambyte a worldwide, non-exclusive, royalty-free license to host, store, process, back up, reproduce, and display your User Content solely to operate, secure, support, and improve the Service. If you choose to make User Content public or share it with others, it may be displayed to those users.
You confirm that you own or have all rights necessary to submit your User Content and to grant the license above.
If you include personal information about other people in your User Content (for example, names or contact details of employees, customers, or suppliers), you are responsible for having the right to do so and for complying with any privacy laws that apply to you.
Foambyte may remove User Content that violates these Terms or that is unlawful or harmful, but we have no obligation to monitor User Content.
Foambyte may create and use de-identified and aggregated data that does not identify you or your business for any lawful purpose, such as creating benchmarks and improving the Service.

7. Feedback: If you send us suggestions, ideas, or other feedback about the Service, Foambyte may use it without restriction and without any obligation or compensation to you.

8. Data Backup and Export: You are responsible for keeping your own copies of important data, using the export features we provide or by requesting a copy of your data at info@foambyte.com. Subject to Section 14, Foambyte is not responsible for any loss or corruption of User Content.

9. Software, Calculations, and Brewing Disclaimer: The Service provides tools for recipe formulation, production planning, batch tracking, 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. In particular:

Outputs of the Service are not professional, legal, tax, accounting, or regulatory advice. This includes matters involving the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB), state alcohol regulators, Canadian federal and provincial authorities, Latin American authorities (for example, Brazil’s MAPA or Mexico’s COFEPRIS and SAT), product labeling, and tax filings.
You are solely responsible for safety-critical decisions, including pressure and carbonation levels, sanitation, allergens, and equipment operation, as well as for product labeling, alcohol content declarations, and compliance with all applicable laws.

10. Beta and Experimental Features: Features that are labeled beta, preview, or experimental, including any AI-assisted features, are provided “as is.” They may change or be discontinued at any time and may produce inaccurate or incomplete output. You should independently verify any output from these features before relying on it.

11. 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.

12. 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. Integrations and embedded services, such as Paddle, Calendly, and YouTube, are governed by their own terms and privacy policies.

13. Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. FOAMBYTE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOAMBYTE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DATA LOSS, OR THAT ANY OUTPUT OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

14. 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, SPOILED OR LOST BATCHES, OR PRODUCT RECALLS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOAMBYTE’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties. In those jurisdictions, the limitations in Sections 13 and 14 apply to the maximum extent permitted by law.

15. Indemnification: You agree to indemnify, defend, and hold harmless Foambyte LLC and its members, managers, officers, employees, contractors, and licensors from and against any claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) your use of the Service;
(b) any products you produce, label, distribute, or sell, including in reliance on outputs of the Service;
(c) your User Content; or
(d) your violation of these Terms or applicable law.

16. Suspension and Termination:

Foambyte may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, created legal risk or exposure for Foambyte or others, or engaged in fraudulent or abusive activity.
Foambyte may discontinue the Service, in whole or in part, with reasonable advance notice.
You may stop using the Service or delete your account at any time.
Accounts terminated for cause are not eligible for refunds, except where required by law.

Sections 5 (Intellectual Property), 6 (Your Content, including the license to de-identified and aggregated data), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 30 (Governing Law), 31 (Dispute Resolution; Binding Arbitration; Class Action Waiver), and 32 (General), together with any other provisions that by their nature should survive, survive any termination of these Terms.

17. Changes to These Terms: Foambyte may update these Terms from time to time. For material changes, we will give you at least 30 days’ notice by email and/or in-app notice before the changes take effect. Non-material changes take effect when posted. Your continued use of the Service after the effective date of any change means you accept the updated Terms. If you do not agree to the changes, you may stop using the Service and cancel any subscription before they take effect.

18. Privacy Policy: Your use of the Service is governed by our Privacy Policy, which explains how we collect, use, disclose, and protect personal information. We collect and process personal information in accordance with the Privacy Policy, and by using the Service, you acknowledge those practices as described therein.

19. Free Plan: Foambyte currently offers a free plan. The features, limits, and availability of the free plan may change over time. Foambyte may modify or discontinue the free plan with reasonable notice.

20. Merchant of Record: Sections 20 through 29 apply to paid plans if and when they are offered. 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 (such as sales tax, GST/HST, IVA, or 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. Prices may be shown in your local currency and include applicable taxes as determined by Paddle. Foambyte never receives or stores full card numbers. We receive only limited payment details from Paddle (such as the last 4 digits, expiration date, and card type) so we can show you your payment method, plus your subscription status, plan, and billing country.

21. Subscription Purchases and Automatic Renewal:

Paid plans are billed in advance on a monthly or annual basis, depending on the plan you select, and renew automatically at the then-current price at the end of each billing period until you cancel.
The price, billing frequency, and renewal terms are shown clearly before you purchase, and a subscription starts only with your affirmative consent.
For annual plans, we will send you a reminder notice before renewal where required by applicable law (for example, Minnesota and California automatic-renewal laws).
You can cancel online at any time through your account settings or the Paddle customer portal, as described in Section 26.

22. Free Trials: If we offer a free trial, the trial terms shown at signup apply. If payment details are collected when you start the trial, the trial will convert to a paid subscription at the end of the trial period unless you cancel before it ends. Trial eligibility is at Foambyte’s discretion and is limited to one trial per customer.

23. Price Changes: We will give you at least 30 days’ advance notice of any change to the price of your subscription. Price changes take effect at the start of your next billing period after the notice period, and you may cancel before they take effect.

24. Refund Eligibility:

New subscribers: You may request a full refund within 14 days of your first original subscription purchase.
Discretionary refunds: Separately, refunds may be granted at our discretion for duplicate or accidental charges, or for technical failures that prevent reasonable use of the Service and cannot be resolved within a reasonable time.
Renewals: Subscription renewals are not covered by the 14-day refund window, except where required by law.

To request a refund, contact us at info@foambyte.com. These refund rights are in addition to, and never narrow, any rights you have under Paddle’s buyer terms or applicable consumer law, including withdrawal or cancellation rights under the consumer laws of Canadian provinces, Brazil, Mexico, and other Latin American countries.

25. 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; or
Accounts terminated for violations of these Terms.

26. 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 or provided in Section 24. Access to the Service will remain active until the end of the paid subscription period.

27. 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.

28. 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.

29. 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. Consumers in Canada and Latin America keep all rights that mandatory local consumer protection law gives them.

30. Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Minnesota and applicable U.S. federal law, without regard to conflict-of-law principles. For any matter that is not subject to arbitration under Section 31 (including small-claims matters, claims for injunctive relief relating to intellectual property, or any claim for which arbitration is found unenforceable), the state and federal courts located in Minnesota have exclusive jurisdiction, and you and Foambyte consent to their personal jurisdiction. This Section does not deprive you, if you are a consumer, of the protection of the mandatory laws of your country or province of residence.

31. Dispute Resolution; Binding Arbitration; Class Action Waiver: PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND FOAMBYTE TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF.

Step 1, informal negotiation (required): Before starting any arbitration or other claim, the party raising the dispute must send written notice of the dispute to the other party (to info@foambyte.com for notices to Foambyte, or to the email address associated with your account for notices to you). The notice must describe the claim and the relief requested. The parties will then negotiate in good faith for at least 60 days to try to resolve the dispute.
Step 2, binding individual arbitration: IF THE DISPUTE IS NOT RESOLVED WITHIN THAT PERIOD, IT WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES (OR ITS COMMERCIAL ARBITRATION RULES IF YOU USE THE SERVICE FOR BUSINESS PURPOSES), BEFORE A SINGLE ARBITRATOR. THE SEAT AND VENUE OF THE ARBITRATION WILL BE IN MINNESOTA ONLY, ALTHOUGH HEARINGS MAY BE HELD BY VIDEO OR TELEPHONE WHERE THE RULES PERMIT. THE FEDERAL ARBITRATION ACT GOVERNS THIS SECTION. THE ARBITRATOR MAY AWARD THE SAME INDIVIDUAL RELIEF THAT A COURT COULD AWARD.
Exceptions: Either party may bring an individual claim in small-claims court in Minnesota (conciliation court), and either party may seek injunctive relief in court for infringement of intellectual property rights or misuse of the Service.
CLASS ACTION WAIVER: YOU AND FOAMBYTE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING, AND THERE WILL BE NO CLASS ARBITRATION. YOU AND FOAMBYTE EACH WAIVE THE RIGHT TO A JURY TRIAL.
Severability of this Section: If the class action waiver is found unenforceable for a particular claim, that claim will be resolved in the state or federal courts located in Minnesota and not in arbitration.
Mandatory consumer law: If you are a consumer living in a jurisdiction whose mandatory law prohibits or limits pre-dispute arbitration agreements, class action waivers, or foreign forum selection in consumer contracts (for example, Quebec, or Brazil under its Consumer Defense Code), this Section applies to you only to the extent that law permits, and you may bring claims in the courts your local law allows.

32. General:

Entire agreement: These Terms, together with our Privacy Policy and any terms shown to you at the time of purchase, are the entire agreement between you and Foambyte regarding the Service and supersede any prior agreements on that subject.
Severability: If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
No waiver: Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment: Foambyte may assign or transfer these Terms in connection with a merger, acquisition, reorganization, or sale of all or part of its assets. You may not assign or transfer these Terms without our prior written consent.
Force majeure: Foambyte is not liable for any delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, outages of third-party infrastructure or networks, labor disputes, or acts of government.
Independent contractors: Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Foambyte.
Electronic notices: You agree that we may provide notices to you by email to the address associated with your account or through in-app notices, and that these electronic notices satisfy any requirement that notices be in writing.
Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
Language: These Terms are written in English. Any translation is provided for convenience only, and the English version controls to the extent permitted by applicable law.

33. Contact Information: If you have any questions about these Terms and Conditions, please contact us at: Foambyte LLC, 202 N Cedar Ave Ste 1, Owatonna, MN 55060. Email: info@foambyte.com.