Foam Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Foam website, apps, APIs, and widgets (“Foam” or the “Service”), owned and operated by Synthro, Inc. Please read these Terms carefully, and contact us if you have any questions.
Please also read the Foam Privacy Policy, which describes the terms under which we may use, store, process and transfer information you provide to the Service.

Our service

Foam helps you organize, visualize and share information in many different structures and formats. This information can take as many forms as the Internet allows, including photos, videos, sounds, editable documents, spreadsheets, Web links, apps, maps, and myriad other kinds of data only limited by current information technology. You can bring your own information to Foam, you can receive information from others who share access with you, and Foam can show you things that might be related to that information. To provide our Service, we need to be able to identify you and refer to the information in your account. Some of the things we show you are promoted by advertisers. As part of our service we try to ensure that even promoted content is related to your information. You can identify promoted content because it will be clearly labeled.

Using Foam

a. Who can use Foam

You may use Foam only in compliance with these Terms and all applicable laws. When you create your Foam account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the European Economic Area (“EEA”), you may only use Foam if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Foam has been provided to us. Using Foam may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.

b. Our license to you

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.

c. Mobile applications

Before using any of our mobile applications (“Apps”), we may ask you to install a valid copy of the App on your mobile device, register for an account, input your account information into the App as requested, and meet certain technical requirements that may change as the App evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using anApp.

Your Content

a. Posting content

Foam allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on Foam is referred to as “User Content.”

b. How Foam and other users can use your content

You grant Foam, and our other users to whom you choose to grant access, a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Foam solely for the purposes of operating, developing, providing, and using Foam. Nothing in these Terms restricts other legal rights Foam may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Foam, for any reason. This includes User Content that we believe violates these Terms or any other of our policies.

c. Acceptable Uses

Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Service or create derivative works of any portion our Service without our written consent. While using of our Service, you agree not to:

Failure to comply with these rules will constitute a violation of theseTerms, and in addition to any other rights or remedies we may have, we may immediately remove your content and/or terminate your access to and use of our Service.

Some features of our Service may enable you to send and receive communications with other users of the Service and make other transmissions. You acknowledge that Foam has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our Service and/or the amount of storage space available for transmissions or for any feature made available through our website.

d. Ownership and responsibility for User Content

Any User Content submitted by you is subject to the following terms and conditions:

e. How long we keep your User Content

Following termination or deactivation of your account, or if you remove any User Content from Foam, we may keep your UserContent for a reasonable period of time for backup, archival, or audit purposes. Foam and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Foam.

f. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can improve Foam. If you choose to submit comments, ideas or feedback, you will retain ownership of them but you also agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Foam doesn’t waive any rights to use similar or related feedback previously known to Foam, or developed by its employees, or obtained from sources other than you.

g. Copyright policy

Foam takes any allegations of infringement seriously. While we are not obligated to review User Content for copyright infringement, we are committed to protecting copyrights and expect users of ourService to do the same. The Digital Millennium Copyright Act of 1998(the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights underU.S. copyright law.

If we receive any complaint or allegation that your User Content includes a third party’s intellectual property without their permission, you understand that we may release your contact information to any third party that satisfactorily alleges a violation of its rights.

Foam will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Foam user has infringed upon your rights, please notify us by e-mail at legal@foam.co.

You must include with your notification the following information:

We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the access rights of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Service of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.

Security

We care about the security of our users. While we work to protect the security of your content and account, Foam can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

Business use of Foam

If you open an account for a company, organization, or other entity, then “you” includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in theseTerms and bind the entity to these Terms, and that you agree to theseTerms on the entity’s behalf.

Third party links, sites, and services

Foam may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Foam. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Foam, you do so at your own risk and you agree that Foam has no liability arising from your use of or access to any third party website, service, or content.

Termination

Foam may terminate or suspend your right to access or use Foam for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of these Terms. Upon termination, you continue to be bound by these Terms.

Disclaimers

Our Service and all content on Foam is provided on an “as is” basis without warranty of any kind, whether express or implied.
Foam specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Foam takes no responsibility and assumes no liability for any UserContent that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYNTHRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO ORUSE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE,INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR(C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SYNTHRO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Foam isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.

Arbitration

For any dispute you have with Foam, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Foam account. If Foam hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms ofService, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Foam are each waiving the right to a trial by jury or to participate in a class action.The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Foam account.

Any arbitration will be administered by the American ArbitrationAssociation (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Foam agree otherwise, the arbitration will be conducted in San Francisco, CA. Each party will be responsible for paying any AAA ling, administrative and arbitrator fees in accordance with AAA Rules, except that Foam will pay for your reasonable ling, administrative, and arbitrator fees if your claim for damages does not exceed $25,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of CivilProcedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by theAAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND URBE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Foam or our Service isn’t arbitrable under applicable laws or otherwise: you and Synthro both agree that any claim or dispute regarding Foam will be resolved exclusively in accordance with this Arbitration Section. If you’re a consumer in the EEA, this Arbitration Section doesn’t apply to you.

Governing law and Jurisdiction

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is SanFrancisco County, CA, or the United States District Court for theNorthern District of California and our dispute will be determined under California law.

This notice is for our California users: The Complaint Assistance Unitof the Division of Consumer Services of the California Department ofConsumer Affairs may be contacted by mail at 1625 North MarketBlvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or(800) 952-5210.

If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.

General terms

Notification procedures and changes to these Terms

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Foam after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Foam.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Foam without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you’re a consumer in the EEA, either you or Foam may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by Foam, you are entitled to terminate the agreement with immediate effect by deactivating your account. Foam will provide you with reasonable notice of any such assignment.

Entire agreement/severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Foam shall constitute the entire agreement between you and Foam concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Foam’s failureto assert any right or provision under these Terms shall not constitute a waiver of such right or provision.