Terms of Service

Version 1.00
Updated On: 2025-02-24

When using the Fostrom service (hereinafter "Fostrom" or "Service") provided by the company HeadOn Labs LLP (hereinafter "HeadOn Labs" or "We") registered with the Ministry of Corporate Affairs of India, and when interacting with HeadOn Labs, you agree to the following terms and conditions (hereinafter "Terms and Conditions"). If you are entering into this agreement on behalf of a company or another legal entity, you affirm that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms and Conditions. In this case "you" or "your" shall refer to such entity, its affiliates and all users associated with it.

HeadOn Labs reserves the right to alter the following Terms and Conditions at all times with or without notice. The latest version of the Terms and Conditions can be found at: https://docs.fostrom.io/legal/terms.

1. General

These Terms and Conditions apply to the agreement and all use that you make of the Service.

The applicability of any terms of you is explicitly rejected.

We may amend these Terms and Conditions at any time. You may be notified of any amendments by email. The new version of the Terms and Conditions will be available for viewing and downloading on the website of Fostrom. If you continue to use the Service after these Terms and Conditions have been amended or supplemented, you thereby irrevocably accept the amended or supplemented Terms and Conditions. If you do not agree with the amended or supplemented Terms and Conditions, your exclusive remedy is to no longer use the Service and to directly terminate the agreement.

When you fail to comply with these Terms and Conditions, HeadOn Labs is entitled to immediately terminate your account, without prejudice to all other statutory and/or contractual rights of HeadOn Labs.

2. Account Conditions

In order to be able to use the Service, you need to create an account. Any user of the Service must be a human; users registered by "robots" or other automated methods are not permitted. You must provide a valid email address, and any other information requested in order to complete the sign-up process. Your login details and account are strictly personal and may not be shared with other people. You are always solely responsible for maintaining the confidentiality of your login information. It is not allowed to share your login details or account with third parties. You are responsible for all activities and content that is placed in and under your account.

3. Use of the Service

HeadOn Labs hereby grants you a non-exclusive, non-transferable, limited right to access and use the Service, solely for the purposes for which the Service is intended, in accordance with the Website and the terms and conditions of the agreement, including these Terms and Conditions.

You agree that the Service only provides the functionality and other features as found in the Service at the time of use ("as is"). HeadOn Labs is entitled to change and/or update the Service and replace the design and layout and/or any of the functionalities of the Service without any prior notification and without being obliged to pay any compensation whatsoever to you.

You are responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use (parts of) the Service.

It is not allowed to use the Service in relation to unlawful actions or in relation to actions which are otherwise prohibited under applicable law and regulations. This includes, without limitation, any activities that constitute an infringement of intellectual property rights or (other) rights of third parties.

You shall explicitly, without limitation, not:

  • modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service;

  • transmit any worms or viruses or any code of a destructive nature;

  • permit any third party access - remotely or otherwise - to the Service except insofar as permitted in the agreement;

  • create derivative works based on the Service;

  • copy, frame or mirror any part or content of the Service;

  • reverse engineer the Service, and/or

  • access the Service in order to:

    • build a competitive product or service, and/or
    • copy any features, functions or materials of the Service.

You are responsible for not submitting sensitive data to the Service such as anything deemed confidential.

You acknowledge and agree that HeadOn Labs does not pre-screen content processed by means of the Service and that HeadOn Labs has no influence over the content processed by means of the Service. HeadOn Labs is not liable and/or responsible for the content processed by means of the Service.

4. Payment Terms

Payment may be made in advance per calendar month or year, or at the end of a billing cycle or as otherwise mutually agreed upon. Payment is due within 7 days after the invoice date, unless otherwise agreed upon. Whether any tax is applicable or included in the price (such as VAT or GST), will be indicated at the time of starting a subscription or billing cycle. Payment can be made through credit/debit card or other supported payment methods. Payments are non-refundable, unless agreed otherwise. In case of a subcription, if you cancel your subscription before the subscription elapses, no payment will be refunded, and you can use the Service until the subscription elapses. If you choose to cancel your billing plan, you will have to pay any accrued charges up until that point.

If an amount that is owed is not paid within the payment term, you are in default by operation of law. If you are in default for more than a certain period of time as deemed by HeadOn Labs, we are entitled to suspend and/or lock your account temporarily. In that case you will receive instructions by email on how to meet payment and when your account will be re-activated. If payment remains behind, we are entitled to delete your account (permanently), including all data, settings and the like. HeadOn Labs is not liable for temporarily locking and/or suspending your account nor for permanently deleting your account due to late payment.

5. Termination

In addition to the other remedies available to HeadOn Labs, HeadOn Labs is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to you, entitled to:

  • temporarily or permanently terminate your use of the Service in the event that HeadOn Labs, at its sole discretion, deems such termination necessary;

  • temporarily or permanently restrict or suspend your activities in connection with the Service; partly or wholly edit, delete or refuse any content.

You are solely responsible for properly canceling your account, which you can do in the Service only. Any other form of cancellation is not accepted and therefore not processed.

Either Party may terminate the agreement immediately upon written notice to the other party if:

  • the other party ceases to carry on its business;
  • the other party breaches any material provision of the agreement (the obligation to pay for the Service is a material provision of the agreement) and such breach continues uncured for 3 days - or 7 days for breach of any payment obligation - after written notice of this breach;
  • the other party becomes insolvent, admits in writing to its inability to pay debts as they mature, is adjudicated bankrupt, or makes assignment for the benefits of its creditors; or any proceeding under bankruptcy, or insolvency laws is commenced by or against the other party and is not dismissed within 30 days.

Amounts invoiced by HeadOn Labs prior to termination in connection with what is already properly performed or delivered in performance of the agreement shall remain payable in full and shall become immediately due and payable at the time of termination.

Upon any termination or expiration of the agreement in any way whatsoever, all rights granted to you hereunder shall cease and all outstanding obligations to pay any amounts to HeadOn Labs shall immediately become due and payable.

Upon any termination or expiration of the agreement in any way whatsoever, it is your responsibility to copy any content you want to retain to a computer or any other storage device, before termination. HeadOn Labs is entitled to immediately delete all of your content from the Service upon termination. This information can not be recovered once your account is terminated.

You are at all times responsible for any legal obligation to keep your invoices, even after terminating your account.

All provisions which are meant to survive the termination of the agreement, including but not limited to all of your representations, warranties and indemnification obligations, shall survive such termination.

7. Modifications to the Service and Prices

HeadOn Labs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

HeadOn Labs reserves the right to change prices for the use of the Service. Any price changes will be announced 7 days in advance.

8. Intellectual Property Rights

All intellectual property rights and related rights, including but not limited to copyrights, database rights, design rights, domain name rights, trade name rights, trade mark rights, patent rights, portrait rights, moral rights, whether registered or not, as well as any application to register any of the aforementioned rights, and (rights in) trade secrets and know-how in and to the Service rest with HeadOn Labs and/or its supplier(s).

HeadOn Labs and/or its suppliers reserve all rights not expressly granted to you in these Terms and Conditions. You acknowledge and agree that HeadOn Labs and its suppliers retain all rights, title and interest, including all intellectual property rights, in and to the Service as well as any modifications, adaptations or translations thereof. You acknowledge and agree that you do not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms and Conditions.

You are not permitted to sell, rent out, transfer or grant restrictive rights to the Service or to make it available to third parties in any way or for any purpose.

You are not permitted to download, copy, amend, or provide otherwise (parts of) the Service, other materials made available to you by means of the Service, for direct or indirect commercial purposes or for any other purposes than internal business purposes or other than the purposes mentioned in the agreement, unless HeadOn Labs has provided its prior written consent thereto, or if a mandatory or peremptory rule of (applicable) law states otherwise.

During the Agreement, Customer authorizes HeadOn Labs to list Customer as a customer of HeadOn Labs and Fostrom, and use Customer's names and logos in the context of promotional activities, including listing on its websites, on publicly available customer lists and in media releases.

9. Licenses and Ownership of Content

All software that is supplied to you in connection with the Service is provided subject to the terms of a separate end-user license agreement that accompanies that software. You agree to abide by the terms of the end-user license agreement in your use of this software.

HeadOn Labs will never claim ownership over your content and/or materials posted to your account. In other words, your data is and remains your property.

10. Indemnities and Warranties

HeadOn Labs strives to achieve the highest possible uptime, but HeadOn Labs does not guarantee that the Service or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Service can occur as a result of failures in the internet connection or as a result of viruses and/or faults/defects. HeadOn Labs is not liable for any damage, loss or costs resulting or arising from the Service being (temporarily) unavailable, including but not limited to the loss of data or inability to access or use the Service.

HeadOn Labs strives to achieve, but does not warrant, that: 1) the Service will meet your requirements, 2) the Service will be uninterrupted, timely, secure, and error-free at all times.

HeadOn Labs is entitled to put the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to you, if in the opinion of HeadOn Labs this is necessary, for instance in connection with the reasonably required maintenance of the Service or due to force majeure.

You are responsible and liable for all use you make of the Service. You shall defend, indemnify and hold HeadOn Labs harmless against all claims and damages (including reasonable attorneys' fees) which third parties may claim in connection with or resulting from the use that you make of the Service, a violation by you of the agreement, and/or any unlawful activities, including but not limited to the breach of intellectual property rights, and/or privacy rights of HeadOn Labs and/or third parties.

11. Liability

Your use of the Service is at your sole risk. HeadOn Labs's liability for an attributable failure to perform the agreement or any unlawful act or caused otherwise will be excluded, to the extent allowed by a mandatory or peremptory rule of law. Your only remedy in the event of an attributable failure or an unlawful act of HeadOn Labs, is to discontinue the use of the Service and/or to terminate the agreement.

12. Force Majeure

HeadOn Labs shall not be bound to fulfill any contractual and/or statutory obligation if it is prevented from doing so as a result of force majeure.

Force majeure on the part of HeadOn Labs shall include, in addition to what is understood by it according to law and case law, illness of employees and/or absence of employees who are crucial to the supply of the Service, interruptions in the supply of electricity, strikes, riots, fire, natural disasters, floods, failures of suppliers to HeadOn Labs (such as cloud providers), failures of third parties engaged by HeadOn Labs (such as DNS and network infrastructure providers), internet failures, hardware failures, failures in (telecommunications) networks, epidemics, pandemics, government measures and all other external causes beyond HeadOn Labs's control.

In case of force majeure HeadOn Labs is entitled to suspend its obligations under the agreement or to terminate the agreement in its entirety and with immediate effect, without any obligation to compensate you for any damages that may be suffered as a result.

13. Applicable Law and Disputes

This agreement, the use of the Service and all legal acts between HeadOn Labs LLP and you are exclusively governed by the laws of India.

Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to Fostrom or HeadOn Labs, shall be subject to the jurisdiction of the courts at Mumbai, India.

14. Other Conditions

If any part of this agreement is void, or unenforceable, for any reason, including due to rules of mandatory or peremptory law, the remaining paragraphs of this agreement will remain in effect between HeadOn Labs and you. In such a case, HeadOn Labs will replace the void or unenforceable provisions with new ones. In doing so, the purpose and meaning of the void or unenforceable provisions will be taken into account as far as possible.

All notices or reports permitted or required under the agreement shall be in writing.

The version of any communication and/or reports received or stored by HeadOn Labs serves as authentic and binding proof, subject to evidence to the contrary provided by you.

HeadOn Labs has the right to commission third parties to perform any of the rights and/or obligations under the agreement, either in whole or in part. You acknowledge that HeadOn Labs uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You may only transfer your rights and obligations under the agreement to a third party with HeadOn Labs's prior written permission.

Questions about the Terms and Conditions may be directed to the email address support@fostrom.io.