Terms of Service

Last updated: May 17, 2026

These Terms of Service (“Terms”) govern your use of FOATT Planning and the related websites and services (the “Services”), provided by FOATT, Inc. (“FOATT,” “we,” “our,” or “us”). By creating an account or using the Services, you agree to these Terms.

Plain-English summary. You can use FOATT for your business. You own your data. We charge for paid plans. We don't promise the Services will never break, but we'll work hard to keep them up. Please don't abuse the Services. California law applies, and most disputes go to private arbitration with JAMS instead of court — but you can opt out of arbitration within 30 days of signing up. See Section 13.

1. Eligibility and accounts

To use the Services you must be at least 18 years old (or the age of majority where you live) and have the authority to enter into these Terms on behalf of yourself or the entity you represent. If you create an account on behalf of an entity, you confirm you are authorized to bind that entity to these Terms, and “you” in these Terms refers to that entity.

You are responsible for keeping your account credentials secure and for all activity that occurs under your account. Notify us immediately at security@foatt.com if you suspect unauthorized access.

2. Subscription, free trial, and billing

• Free trial. New accounts may receive a free trial. No credit card is required to start. At the end of the trial you may continue on a paid plan or your account will become read-only / cancelled.
• Paid plans. Paid plans are billed in advance, monthly or annually as you select. All fees are in U.S. Dollars unless stated otherwise.
• Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current rate for your plan, unless you cancel before the renewal date.
• Founder pricing. If you signed up under a “Founder” or other promotional rate, that rate applies for the period stated at sign-up. After that period, your subscription will renew at the then-current standard rate, with reasonable advance notice.
• Refunds. Except where required by law, payments are non-refundable. We may at our discretion provide refunds or credits.
• Taxes. Prices do not include taxes. You are responsible for sales, use, value-added, and similar taxes that apply to your subscription.
• Failed payments. If a payment fails, we may suspend or downgrade your account after reasonable notice and retry attempts.

3. Your data

Anything you upload, import, or create inside FOATT (your chart of accounts, transactions, plans, formulas, comments, contacts, and so on — together, your “Customer Data”) is yours. You retain all rights to it.

You grant us a limited, non-exclusive license to host, copy, transmit, and display Customer Data solely as needed to provide the Services to you. We do not use Customer Data to train our own AI models, and we will not permit any third party to use Customer Data to train their AI models. If we add AI-powered features to the Services that process Customer Data (for example, formula suggestions or auto-summaries), we will only use providers that have contractually agreed not to train their models on your data, and that processing will be solely to generate the output you requested. We do not sell Customer Data.

You are responsible for the accuracy and legality of Customer Data and for having the right to upload it. If your Customer Data includes personal information about third parties (for example, customer or vendor contacts imported from your accounting system), you are the controller of that information and we process it on your behalf as a processor. If applicable data-protection laws (such as GDPR or UK GDPR) require a written data processing agreement between us, we will execute a reasonable agreement with you upon request — see our Privacy Policy for how to request one.

4. Acceptable use

You agree not to:

• Use the Services to violate any law or the rights of any third party.
• Attempt to gain unauthorized access to the Services, other accounts, or our infrastructure.
• Probe, scan, or test the vulnerability of the Services without our prior written authorization.
• Send spam, malware, or content that is unlawful, defamatory, or infringing.
• Reverse-engineer, decompile, or attempt to extract the source code of the Services, except to the extent that activity cannot be restricted by law.
• Resell, sublicense, or commercialize the Services other than as expressly permitted in your plan (e.g., the Firm plan's multi-client model).
• Interfere with or disrupt the integrity or performance of the Services.

We may suspend or terminate accounts that violate this section.

5. Third-party integrations

The Services include optional integrations with third-party providers, including QuickBooks, NetSuite, Xero, Sage, Plaid, and Stripe. Your use of any third-party service is governed by the terms and privacy policies of that third party. We are not responsible for third-party services, and we may discontinue an integration at any time.

6. Our intellectual property

The Services, including all software, design, branding, and content we provide, are owned by FOATT and its licensors and are protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your business in accordance with these Terms. No other rights are granted.

“FOATT” and the FOATT logo are trademarks of FOATT, Inc. You may not use them without our prior written permission, except in fair use such as identifying FOATT as a service you use.

7. Feedback

If you send us suggestions, feedback, or feature ideas, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

8. Term and termination

• By you. You may cancel your subscription at any time from billing settings. Cancellation stops future renewals; we don't refund the current paid period unless required by law.
• By us, for cause. We may suspend or terminate your account immediately if you breach these Terms, fail to pay, or use the Services in a way that creates legal or security risk for us or other users.
• By us, for any reason. We may also suspend or terminate your account for any reason or no reason on at least 30 days' written notice (sent in-app or to the email on file). If we do this, we will prorate and refund any unused prepaid subscription fees for the remainder of your current billing period.
• Effect of termination. On termination, your right to use the Services ends. We will provide a reasonable opportunity to export your data; see our Privacy Policy for retention details.

9. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOATT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CALCULATION, FORECAST, OR REPORT GENERATED BY THE SERVICES WILL BE ACCURATE OR COMPLETE.

FOATT is a software tool, not professional accounting, tax, financial, or legal advice. You are responsible for verifying the accuracy of your data and any decisions you make based on it.

Early-access status. The Services are currently offered as part of an early-access program. Features may be added, changed, removed, or temporarily unavailable; some features may not yet be fully tested; and the Services may experience errors, downtime, or data inconsistencies more frequently than a generally-available product. By using the Services during early access, you accept this risk in exchange for the early-access pricing and access. We will use reasonable efforts to communicate material changes that affect your use of the Services.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOATT AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOATT IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to defend, indemnify, and hold harmless FOATT and its officers, employees, and agents from any claim or demand, including reasonable attorneys' fees, arising out of (i) your Customer Data, (ii) your breach of these Terms, or (iii) your violation of any law or the rights of a third party.

12. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration under Section 13, the parties consent to the exclusive jurisdiction of the state and federal courts located in San Bernardino County, California.

13. Disputes and arbitration

Read this carefully. This section requires you and FOATT to resolve most disputes through individual binding arbitration administered by JAMS instead of in court, and waives the right to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@foatt.com.

13.1 Try to resolve informally first

Before starting an arbitration or filing a lawsuit, you agree to first contact us at legal@foatt.com with a written description of the dispute and the relief you are seeking. We will work in good faith to resolve the matter directly. If we cannot resolve it within 60 days of your notice, either party may proceed under this Section 13.

13.2 Mandatory binding arbitration

Except for the carve-outs in Section 13.3, you and FOATT agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved exclusively by individual, binding arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures then in effect, and, where applicable to consumer claims, the JAMS Consumer Arbitration Minimum Standards. The arbitration will be conducted by a single neutral arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

13.3 Carve-outs

The following Disputes are not subject to arbitration:

• Claims that qualify for and are brought in small-claims court in San Bernardino County, California, on an individual (non-class) basis;
• Either party's request for temporary restraining orders or preliminary injunctive relief to protect intellectual property, confidential information, or to enforce Section 4 (Acceptable use); and
• Claims for public injunctive relief, which may be brought in a court of competent jurisdiction (consistent with California's McGill rule).

13.4 Class-action and jury-trial waivers

You and FOATT each agree to bring claims against the other only on an individual basis, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person and may not preside over any class proceeding. Both parties also waive any right to a jury trial for any Dispute.

13.5 Location and conduct of arbitration

Unless you and FOATT agree otherwise, the arbitration will be conducted (a) by document submission only, (b) by telephone or videoconference, or (c) in person in San Bernardino County, California — with the choice between these formats made by you for any consumer claim, and otherwise by the arbitrator. You will not be required to bear costs greater than what you would bear if the claim were brought in court for an equivalent matter.

13.6 Federal Arbitration Act

This Section 13 is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law, and evidences a transaction in interstate commerce.

13.7 30-day opt-out

You may opt out of this arbitration agreement (Section 13) by sending written notice to legal@foatt.com within 30 days of first accepting these Terms. Your notice must include your full name, the email address used to create your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provisions of these Terms, and FOATT will not retaliate against you for opting out.

13.8 Severability of this section

If the class-action waiver in Section 13.4 is found unenforceable as to a particular claim or remedy, that claim or remedy must be brought in a court of competent jurisdiction under Section 12, but the remainder of this Section 13 will remain in effect for all other claims. If any other provision of this Section 13 is found unenforceable, the unenforceable provision will be severed and the remainder will remain in effect.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes we will update the “Last updated” date and, where appropriate, send you a notice in-app or by email. Your continued use of the Services after a change becomes effective is your acceptance of the change. If you do not agree, you should stop using the Services. Material changes to Section 13 (Disputes and arbitration) will not apply retroactively to Disputes already noticed under Section 13.1.

15. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and FOATT regarding the Services.
• Severability. If any provision is found unenforceable, the remaining provisions stay in effect. The severability rules in Section 13.8 govern that section specifically.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. We may give you notice through the Services or the email on file.

16. Contact