Terms of Service

Last updated: February 16th, 2025

Welcome to Foreigh. These Terms of Service ("Terms") are a legally binding agreement between you and Foreigh, LLC ("Foreigh," "we," "us," or "our") governing your access to and use of our websites, applications, and services, including without limitation www.foreigh.com and all associated services and features (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FOREIGH THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13 "DISPUTE RESOLUTION AND GOVERNING LAW" BELOW FOR DETAILS REGARDING ARBITRATION.

1. Eligibility

You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity to enter into these Terms; and (c) your use of the Services does not violate any applicable law or regulation in your jurisdiction.

2. Services Description

2.1 AI-Powered Services.

The Services include artificial intelligence-powered features designed to provide freight brokerage tools and related functionalities. You acknowledge that the Services utilize automated systems and algorithms to generate content and responses, and such output is provided "as is" (see Section 10 for further details).

2.2 Subscription, Payment, and Trials

  • Trial and Subscription: We offer various subscription plans based on number of loads. New subscribers receive a 30-day trial period. Following the trial, you may choose between annual or 4-week billing cycles. The first 12 weeks after trial are offered at 50% off regular pricing for 4-week billing cycles only. Current pricing and available plans are detailed on our website.
  • Usage Overages: Additional charges apply for usage beyond plan limits: Phone calls ($0.30/minute), Emails ($0.01/message), and Verifications ($0.15/verification). Overage charges are billed at the end of each billing cycle.
  • Collection Rights: We reserve the right to collect on any unpaid charges, whether from subscription fees, usage overages, or any other fees associated with your use of the Services. This includes the right to pursue all available legal remedies to collect outstanding balances.
  • Cancellation: You may cancel your subscription through your account settings or by contacting us (see Section 17). Cancellation requests must be received before the trial period ends or before the subscription renewal date.
  • Refunds: We offer a 30-day refund policy on subscription charges. We may consider refund exceptions on a case-by-case basis; please contact us for assistance.
  • Payment Processing: All payments are processed via Stripe, Inc ("Stripe"). We accept payments via credit cards or associated methods (e.g., Apple Pay, Google Pay).

3. Account Registration and Security

3.1 Registration

To access certain features, you must register an account by providing your name, email address, and password.

3.2 Accuracy

You agree to provide accurate, current, and complete information and to update it as necessary.

3.3 Security

You are solely responsible for maintaining the confidentiality of your account credentials. Notify us immediately at the contact information provided in Section 17 if you believe your account has been compromised.

4. User Content and Data License

4.1 Your Content

  • Ownership: You retain ownership of any personal data you submit or upload to the Service ("Your Content").
  • License Grant: You grant Foreigh a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, modify, display, distribute, and create derivative works from Your Content solely to operate, improve, and promote the Service. This includes displaying Your Content to carriers and other users as necessary for the operation of the Service. When used for training our AI models, Your Content will be anonymized where feasible.
  • Responsibility: You warrant that you have all necessary rights to upload and license Your Content.

4.2 Data Visibility

  • Privacy and Content Control: Your Content may be displayed to carriers and other users as necessary for the operation of the Service. You can modify certain visibility settings through your account settings.
  • User Interactions: Other users may interact with Your Content as permitted and necessary through the Service.

5. AI Output Disclaimer

AI-generated output ("AI Output") is provided "as is" without any warranty regarding its accuracy, reliability, or suitability. We do not guarantee that AI Output is free from errors, bias, or inaccuracies. AI Output is for informational purposes only and is not professional advice. You are solely responsible for verifying and acting upon any information provided by the AI. Foreigh is not liable for any decisions, actions, or consequences resulting from your use of or reliance on AI Output. By using the AI features, you assume all associated risks and waive any related claims against Foreigh.

6. Intellectual Property Rights

All software, designs, graphics, AI models, and related content provided through the Service are the exclusive property of Foreigh or its licensors. You agree not to reproduce, modify, distribute, or create derivative works from our materials without prior written consent. Any feedback you provide may be used by Foreigh without compensation, and providing feedback does not create any confidential or fiduciary relationship.

7. Third-Party Services

Our Service incorporates third-party services. Your use of these services is subject to their own terms and policies. See our list of subprocessors.

If you believe content on Foreigh infringes your copyright, send a DMCA notice to the contact information in Section 17, with the subject line "DMCA Notice," complying with the DMCA requirements.

9. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE SERVICE. IN NO EVENT SHALL FOREIGH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (I) SUBSCRIPTION FEES PAID IN THE 12 MONTHS PRECEDING THE CLAIM OR (II) USD $100. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify and hold harmless Foreigh and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

11. Termination

  • Account Termination: You may terminate your account at any time by contacting us (see Section 17). Foreigh may suspend or terminate your account immediately if you breach these Terms.
  • Upon Termination: Your right to access the Service ceases immediately. You are responsible for retrieving any data you wish to retain. We will delete your data per our Privacy Policy.
  • Surviving Provisions: Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations on liability, and indemnification) will remain in effect.

12. Dispute Resolution and Governing Law

  • Arbitration: Disputes arising from these Terms or the Services will be resolved through binding arbitration conducted by the American Arbitration Association under its Commercial Arbitration Rules in Wilmington, Delaware. The arbitration will be conducted in English.
  • Class Action Waiver: YOU AND FOREIGH AGREE TO BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
  • Small Claims Exception: Either party may bring an individual action in small claims court in Wilmington, Delaware.
  • Governing Law: These Terms are governed by Delaware law, without regard to conflict of law principles.
  • Jurisdiction: Legal proceedings not subject to arbitration or small claims court will be brought exclusively in the state or federal courts located in Delaware.

13. Modification of Terms

Foreigh reserves the right to modify these Terms. We will notify you of material changes via email (for significant changes) and in-app notifications (for all changes). Changes become effective 30 days after notification, unless immediate changes are required by law or for security. Your continued use of the Service after changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, your sole recourse is to cease using the Service.

14. Export Controls and International Use

You agree to comply with all applicable export laws. The Service is intended for use only where it does not violate local laws. You represent that you are not located where the Service is restricted.

15. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and Foreigh, superseding all prior agreements.
  • Severability: If any provision of these Terms is unenforceable, the remaining provisions remain in full force and effect.
  • Assignment: Foreigh may assign or transfer these Terms without notice. You may not assign your rights under these Terms without our prior written consent.
  • Waiver: Our failure to enforce a provision is not a waiver of future enforcement.
  • Electronic Communications: You consent to receive electronic communications from us.

16. Contact Information

For questions or concerns:

Email: support@foreigh.com

Mail: 224 W 35th St.
Ste 500
New York, NY 10001

By accessing or using Foreigh, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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