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Terms of Service

FooQai, Inc. Terms of Service
 

Effective Date: July 21, 2025

 

These Terms of Service (“Terms”) govern your access to, and use of the services, software, and hardware provided by FooQai, Inc. (“FooQai,” “we,” or “us”), including our proprietary platform PlateScan™ (the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

 

1. THE SERVICE
FooQai provides PlateScan, a proprietary software and hardware solution that analyzes food images to improve portion control and plate presentation in commercial kitchens. The Service includes a web interface, data analytics dashboard, image-capture hardware, and support.

 

2. ACCESS & ACCOUNTS
To use the Service, you may be required to register for an account. You agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for any activity under your account.

 

3. LICENSE & RESTRICTIONS
Subject to these Terms, FooQai grants you a limited, non-exclusive, non-transferable license to access and use the Service solely for your internal business purposes. You may not:

  • Reproduce, modify, or create derivative works of the Service

  • Reverse engineer, decompile, or disassemble any part of the software

  • Sell, lease, or sublicense the Service

  • Use the Service in any unlawful or unauthorized manner

 

4. HARDWARE
PlateScan hardware is required to use the Service. Hardware is sold and shipped as part of the subscription package and must be operated in accordance with the instructions provided. FooQai retains all rights in and to the software embedded in the hardware. Customer is responsible for routine maintenance, secure installation, and ensuring devices are used in accordance with applicable health and safety regulations.

 

5. FEES, BILLING & REFUNDS
You agree to pay all fees specified at the time of purchase or as stated in your invoice or subscription order. All payments are due as described in your selected subscription model.

a. Monthly Subscriptions: Renew automatically each month unless canceled before the next billing date. Cancellations are effective at the end of the current billing cycle. No partial-month refunds will be issued.

b. Annual Subscriptions: Prepaid in full at the beginning of the subscription term. You may cancel at any time; however, no refunds will be issued for the remaining unused portion of the term unless otherwise stated in writing by FooQai.

c. Promotions and Discounts: FooQai may offer time-limited promotions or discounts. These are subject to eligibility, availability, and expiration dates. FooQai reserves the right to modify or discontinue such offers at its sole discretion and without prior notice. FooQai is not obligated to extend promotional pricing to any past or future customer.

d. Hardware Restocking & Liability: If a subscription (monthly or annual) is canceled for any reason within fifteen (15) days of initial purchase, the customer may return the hardware, subject to the following terms:

  • The customer is responsible for return shipping costs.

  • A restocking fee equal to fifty percent (50%) of the Manufacturer's Suggested Retail Price (MSRP) of the hardware at the time of purchase will apply.

  • Returned hardware is subject to inspection upon receipt by FooQai.

  • If the hardware fails inspection due to damage, misuse, missing components, or excessive wear, the customer is liable for the full retail value of the hardware.

  • FooQai will determine in its sole discretion whether the returned hardware meets inspection standards.

 

FooQai may suspend or terminate access for failure to pay. All fees are non-refundable unless explicitly stated otherwise or required by applicable law.

 

6. INTELLECTUAL PROPERTY
FooQai and its licensors own all right, title, and interest in the Service, including all related software, hardware, documentation, branding, and data. No rights are granted to you except as expressly set forth in these Terms. All trademarks, logos, and service marks displayed are the property of FooQai or their respective owners.

 

7. DATA OWNERSHIP & CONTROL
All data collected, processed, transmitted, or generated by or through the use of the Service — including but not limited to images, telemetry, device outputs, metadata, logs, user interactions, training data, performance statistics, and derived analytics — shall be and remain the exclusive property of FooQai.

 

Customers may view and access dashboards and reports made available through the Service interface, but FooQai retains all rights, title, and interest in and to the underlying data, outputs, and software systems. Customer may not access, extract, export, or reuse any raw or derived data without FooQai’s prior written consent.

 

FooQai reserves the right to use, process, analyze, store, and retain such data in perpetuity for product improvement, diagnostics, benchmarking, training of AI systems, and commercial purposes. No rights are granted to Customer other than the limited right to use the Service during an active subscription period.

 

8. PRIVACY
Your use of the Service is subject to our [Privacy Policy], which outlines how we collect, use, and protect personal data. You agree to the practices described in the Privacy Policy.

 

9. TERM & TERMINATION
These Terms remain in effect unless and until terminated by either party. FooQai may terminate or suspend your access to the Service at any time for violation of these Terms, for fraudulent or illegal activity, or for business reasons.

 

Upon termination, your access to the Service will cease, and all rights granted under these Terms will immediately expire. No refunds will be issued except as explicitly stated under Section 5 or as required by law. FooQai may retain any data generated through the Service even after termination.

 

10. DISCLAIMERS & LIMITATIONS OF LIABILITY
The Service is provided “as is” and “as available.” FooQai disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. FooQai does not guarantee uninterrupted access, error-free operation, or any specific business outcomes.

 

In no event shall FooQai be liable for indirect, incidental, special, or consequential damages, including loss of revenue, data, or business opportunities. FooQai’s total liability to you for any claim shall not exceed the total amount paid by you to FooQai in the twelve (12) months preceding the event giving rise to the claim.

 

11. INDEMNITY
You agree to indemnify, defend, and hold harmless FooQai and its officers, employees, contractors, and affiliates from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of applicable laws or third-party rights.

 

12. CHANGES TO TERMS
FooQai may revise these Terms at any time by posting an updated version on its website. If material changes are made, FooQai will use commercially reasonable efforts to notify you. Your continued use of the Service after such changes constitutes your acceptance.

 

13. GOVERNING LAW
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within that state.

 

14. CONTACT US

FooQai, LLC

145 Tremont Street

Suite 201-1445

Boston, MA 02111

Email: info@fooqai.com

 

Last Updated: July 21, 2025

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