Terms of Service

1. Acceptance of Terms

By accessing or using Foamly's vehicle wash and detailing management platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all users, including business owners, staff members, and any other individuals accessing the Service.

1.1 How You Accept, and What We Record

You accept these Terms by ticking the confirmation box presented when you sign in and then completing sign-in with the one-time passcode sent to your mobile number. The box is never pre-ticked, and sign-in cannot be completed without it.

Each time you accept, we permanently record your user identity, your mobile number, the date and time, the IP address, the application used, and the exact version and content fingerprint of the Terms and Privacy Policy you were shown. Every published version remains permanently available at its own web address and is never edited after publication.

These records exist so that the version applying at any past date can be established with certainty by either party. You agree that such records, and the electronic form of this agreement, are admissible and are valid evidence of your agreement, and you will not dispute their validity on the sole ground that they are electronic.

2. Description of Service

Foamly provides a cloud-based platform for vehicle wash and detailing businesses to manage their operations, including but not limited to:

• Job and queue management
• Customer relationship management
• Staff management and access control
• Payment processing and invoicing
• Analytics and reporting
• Customer notifications via WhatsApp and SMS

3. Account Registration

To use the Service, you must have an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep control of the mobile number and device used to sign in
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old. If you accept these Terms on behalf of a business, you confirm that you have authority to bind that business, and "you" means both you and that business.

Sign-in is by one-time passcode sent to your registered mobile number. There is no password. Anyone in control of that mobile number can sign in, so keeping it secure, and telling us promptly if you lose control of it, is your responsibility.

4. Subscription and Payment

4.1 Free Trial

New users may be eligible for a free trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Service.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms, in our Refund Policy, or as required by law.

4.3 Price Changes

We reserve the right to modify pricing with at least 30 days' notice. Price changes will apply to the next billing cycle after the notice period.

4.4 Taxes

Prices are exclusive of applicable taxes (including GST). You are responsible for paying all taxes associated with your subscription.

4.5 Non-payment

If payment is not received when due, we may suspend access to the Service after giving you notice and a reasonable opportunity to pay. Suspension does not delete your data, and access is restored on payment. Prolonged non-payment may lead to termination under section 13.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit any malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers
• Collect user information without consent
• Send unsolicited communications (spam)
• Engage in fraudulent activities

6. Your Data

6.1 Ownership

You retain all rights to the data you input into the Service. We do not claim ownership of your business data, customer information, or any content you create.

6.2 License

You grant us a limited license to use, store, and process your data solely to provide, secure, and support the Service. We do not sell your data, and we do not use your data or your customers' data to train machine learning models.

6.3 Roles Under Data Protection Law

For personal data about your own customers and staff that you enter into the Service, you are the Data Fiduciary and Foamly acts as your Data Processor under the Digital Personal Data Protection Act, 2023. You decide what to collect and why; we process it only on your instructions, which you give through the actions you take in the product, and only to provide the Service.

You are responsible for having a lawful basis for the personal data you enter, for giving your customers the notice the law requires, and for responding to their requests to access, correct, or delete it. We will give you reasonable assistance to do so.

For your own account and the accounts of your staff, Foamly is the Data Fiduciary. Our handling of that data is described in our Privacy Policy.

6.4 Customer Messaging

Where you use the Service to send SMS or WhatsApp messages to your customers, you are responsible for obtaining and honouring their consent, for complying with applicable telecom and unsolicited-communication regulations, and for the content you send. We may suspend messaging on your account if we detect or are notified of a breach of those rules.

6.5 Data Protection

We will handle your data in accordance with our Privacy Policy and applicable data protection laws, and will take reasonable security safeguards to protect it.

6.6 Export

You may export your data at any time. Upon account termination, we will provide a reasonable period to export your data before deletion, as described in our Privacy Policy.

7. Intellectual Property

The Service, including its design, features, and content (excluding your data), is owned by Foamly and protected by intellectual property laws. You may not:

• Copy, modify, or distribute the Service or its content
• Reverse engineer or attempt to extract source code
• Use our trademarks without prior written consent
• Create derivative works based on the Service

8. Third-Party Services

The Service integrates with third-party services. Your use of these services is subject to their respective terms and policies. The providers we rely on are listed in our Privacy Policy.

8.1 WhatsApp Business Messaging

Our platform uses the WhatsApp Business API to send notifications to your customers. By using this feature, you agree to:

• Obtain consent: You must obtain explicit opt-in consent from your customers before sending them WhatsApp messages through Foamly
• Comply with policies: You must comply with WhatsApp Business Policy and Commerce Policy
• Respect opt-outs: You must honor customer requests to stop receiving WhatsApp messages
• Send appropriate content: Only send service-related transactional messages (job updates, reminders, receipts)

You are solely responsible for ensuring compliance with WhatsApp's terms when sending messages to your customers. We may suspend your WhatsApp messaging capabilities if we detect policy violations.

8.2 Other Integrations

We also integrate with payment gateways, SMS providers, push notification services, and hosting services. We are not responsible for third-party service availability or performance.

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or circumstances beyond our control. We will provide reasonable notice when possible.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

The Service assists you in running your business. It does not provide legal, tax, or accounting advice. Invoices, tax calculations, and reports it produces are based on the configuration and data you supply, and you remain responsible for verifying them and for your own statutory filings.

Nothing in this section excludes any warranty or condition that cannot be excluded under applicable law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOAMLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, HOWEVER CAUSED.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

What these limits do not cover. Nothing in these Terms limits or excludes liability for: fraud or fraudulent misrepresentation; wilful misconduct or gross negligence; death or personal injury caused by negligence; or any other liability that cannot lawfully be limited or excluded. If any part of this section is held unenforceable, the remainder continues to apply to the fullest extent permitted.

You acknowledge that these limits are a reasonable allocation of risk, that they are reflected in the price of the Service, and that we would not provide the Service on these terms without them.

12. Indemnification

You agree to indemnify and hold harmless Foamly, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, your breach of section 6.3 or 6.4, or your infringement of any rights of third parties.

This does not apply to the extent the claim arises from our own breach of these Terms, and we will notify you promptly of any claim for which we seek indemnity and allow you to participate in its defence.

13. Termination

13.1 By You

You may terminate your account at any time through the account settings or by contacting support.

13.2 By Us

We may suspend or terminate your account for material breach of these Terms, for non-payment, or where required by law. Except where the breach is serious or continuing, or where the law requires immediate action, we will give notice and a reasonable opportunity to remedy.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases. We will provide a reasonable period to export your data before deletion. We retain data where required by law or for the periods described in our Privacy Policy. Sections 6.1, 7, 10, 11, 12, and 14 survive termination.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Before starting proceedings, both parties agree to attempt in good faith to resolve the dispute by discussion, by writing to the other with details of the dispute and allowing 30 days for a response. This does not prevent either party from seeking urgent interim relief.

Subject to the above, the courts at Kochi, Kerala shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and both parties submit to that jurisdiction.

15. Changes to Terms

We may modify these Terms. When we do, we publish a new, dated version. Previous versions are never edited after publication and remain permanently available at their own web address.

You are asked to confirm agreement to the current version when you sign in, and that confirmation is recorded as described in section 1.1. For material changes we will give notice in the product or by email before the new version takes effect. If you do not agree to a new version, your remedy is to stop using the Service and terminate your account under section 13.1.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Foamly regarding the Service.
• Severability: If any provision is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions remain in full effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations to a successor in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Neither party is liable for failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, epidemics, failures of telecommunications or internet infrastructure, changes in law, or acts of government. This does not excuse any obligation to pay amounts already due.
• Notices: We may give notice through the Service, or by email or SMS to the contact details on your account. You may give notice to us at the address in section 17.
• No Partnership: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

17. Contact Us

If you have questions about these Terms, please contact us at:

Foamly

Email: support@foamly.in

Location: Kochi, Kerala, India