Terms of Use

These Terms of Use ("Terms") govern your access to and use of the FoxDMS website and Services. By using the Services, you agree to these Terms.

1. Definitions

"Company" means Adamz Insights LLC, operating as FoxDMS.

"Services" means the FoxDMS software, website, applications, and related services.

"Customer Data" means data you or your users submit to the Services.

2. Eligibility and Account Security

You must be able to form a binding contract and use the Services only for lawful business purposes. You are responsible for maintaining the confidentiality of login credentials and for all activity under your account.

3. Acceptable Use

You agree not to:

• Use the Services to violate laws or third-party rights.
• Attempt to gain unauthorized access to systems or data.
• Upload malicious code or interfere with the Services.
• Reverse engineer the Services except as allowed by law.
• Resell, rent, or provide the Services to third parties unless authorized in writing.

4. FoxDMS-Specific Disclaimers

FoxDMS provides operational and accounting tools. You acknowledge and agree that:

• FoxDMS does not provide accounting, tax, legal, or financial advice. You are responsible for consulting your own professionals and for all filings and compliance.
• Outputs may depend on data you provide or import (including settlement files) and may contain errors or omissions. You are responsible for reviewing and approving data and exports before relying on them.
• Floorplan calculations, interest estimates, fees, and payoff amounts are informational and may differ from lender statements. You must verify lender terms and final payoff figures independently.
• If you import auction settlement files, you are responsible for confirming accuracy of matching and exceptions before posting or closing books.

5. Integrations (QuickBooks and Others)

If you enable third-party integrations (including QuickBooks), you authorize FoxDMS to exchange data as configured by you. The Company is not responsible for third-party downtime, API changes, permission issues, or your configuration/mapping choices, and does not guarantee that any integration will be uninterrupted or error-free.

6. Subscriptions, Billing, and Taxes

Subscription fees are billed in advance and may change with notice. You are responsible for all applicable taxes. Cancellation and refunds are governed by the Refund Policy.

7. Intellectual Property

The Services and all related intellectual property are owned by the Company and its licensors. FoxDMS and related names, logos, and product/service names are trademarks of the Company. Except for the limited rights expressly granted, no rights are transferred to you. You may not copy, reproduce, modify, distribute, sell, or lease any part of the Services without prior written permission.

8. Customer Data

You retain ownership of Customer Data. You grant the Company a limited license to host, process, transmit, and display Customer Data solely to provide and improve the Services, to maintain security, and to enforce these Terms.

9. Data Export and Deletion

If you cancel or your account terminates, we will make commercially reasonable efforts to allow you to export Customer Data for 30 days after termination (unless legally prohibited). After that period, we may delete Customer Data in our systems, except as needed for legal, tax, security, or backup retention.

10. Feedback

If you provide feedback or suggestions, you grant the Company a perpetual, irrevocable, royalty-free license to use and incorporate the feedback without compensation.

11. Disclaimers

The Services are provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law, the Company will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill.

In all cases, the Company's total liability for claims relating to the Services will not exceed the amounts paid by you to the Company for the Services in the three (3) months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from claims arising out of (a) your use of the Services, (b) Customer Data, or (c) your violation of these Terms or applicable law.

14. Suspension and Termination

We may suspend or terminate access if you breach these Terms, fail to pay fees, or if required for security or legal reasons. Upon termination, your right to use the Services ends and you remain responsible for outstanding fees.

15. Third-Party Links

The Services may contain links to third-party websites or services. The Company does not control and is not responsible for third-party content, policies, or practices. Access third-party sites at your own risk.

16. Governing Law

These Terms are governed by the laws of Texas, United States, without regard to conflict of law rules.

17. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights and requires most disputes to be resolved by binding arbitration instead of court.

A. Informal Resolution First
Before starting arbitration or a court proceeding, you agree to send a written notice of dispute to legal@foxdms.com describing the issue and requested relief. The parties will attempt to resolve the dispute for 30 days.

B. Binding Arbitration
Except for the carve-outs in Section C, any dispute, claim, or controversy arising out of or relating to the Services or these agreements will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under AAA Commercial Arbitration Rules. The arbitration will take place in Dallas, Texas (or by videoconference if the arbitrator permits). Texas law will govern the arbitration and these agreements, to the extent not preempted by federal law.

C. Carve-Outs
Small claims: Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.
Injunctive relief: Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent unauthorized access, misuse, or infringement of intellectual property or to address security incidents.

D. Class Action Waiver
Disputes must be brought in an individual capacity only. You and the Company waive any right to bring or participate in a class action, collective action, private attorney general action, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

E. Jury Trial Waiver
If a dispute is found not subject to arbitration, you and the Company waive any right to a jury trial to the fullest extent permitted by law.

F. Fees
Each party will pay its own attorneys' fees and costs unless the arbitrator awards fees under applicable law or the agreement. Arbitration filing and administrative fees will be allocated under the AAA's rules; however, the Company may agree to pay or reimburse certain fees to ensure this clause is enforceable, as required by applicable law.

G. Time Limit to Bring Claims
To the fullest extent permitted by law, any claim must be brought within one (1) year after the event giving rise to the claim, or it is permanently barred.

18. Changes

We may update these Terms from time to time. Continued use of the Services after changes become effective constitutes acceptance.

19. Contact

Questions? Contact us at legal@foxdms.com.