Terms of Service

Last updated: December 28, 2025

1. Acceptance of Terms

By accessing or using Foamly's vehicle wash & 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.

2. Description of Service

Foamly provides a cloud-based platform for vehicle wash & 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 register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your information to keep it accurate
  • Keep your account credentials secure and confidential
  • 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 and have the legal authority to enter into these Terms on behalf of yourself or your business.

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 or 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.

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 and improve the Service.

6.3 Data Protection

We will handle your data in accordance with our Privacy Policy and applicable data protection laws.

6.4 Export

You may export your data at any time. Upon account termination, we will provide a reasonable period to export your data before deletion.

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.

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 and SMS providers. 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

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.

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.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

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, violation of these Terms, or infringement of any rights of third parties.

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 violation of these Terms, non-payment, or other reasons at our discretion, with or without notice.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may retain certain data as required by law or legitimate business purposes.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in India.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance of the new Terms.

16. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Foamly regarding the Service.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in 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 freely.

17. Contact Us

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

Foamly

Email: support@foamly.in

Location: India