Legal

Terms of Service

Last Updated: March 25, 2026

These Terms of Service (“Terms”) govern your access to and use of the Foveate platform and related services (collectively, the “Service”) provided by Third Axis, LLC d/b/a Foveate (“Foveate,” “we,” “us,” or “our”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. In that case, “you” and “your” refer to that entity.

If you are an enterprise customer that has executed a separate Main Services Agreement with Foveate, that agreement governs your use of the Service and these Terms do not apply to you.

1. The Service

1.1 Access

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your internal business or personal purposes, depending on your account type.

1.2 Updates

We may update, modify, or enhance the Service from time to time. We will provide reasonable notice of changes that materially reduce core functionality. Bug fixes, security patches, and minor improvements may be applied without notice.

1.3 Beta Features

We may make certain features available as beta or preview. Beta features are provided “as is” and may be modified or discontinued at any time without notice.

2. Your Account

2.1 Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the accuracy of your account information.

2.2 Security

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You agree to notify us immediately at legal@foveate.com if you become aware of any unauthorized access.

2.3 Authorized Users

If you subscribe to a plan that includes multiple seats, you may invite team members (“Authorized Users”) to access the Service under your account. You are responsible for ensuring that all Authorized Users comply with these Terms.

3. Your Content

3.1 Ownership

You retain all rights to the content you upload, create, or share through the Service, including 3D models, images, videos, documents, presentations, and other materials (“Your Content”). We do not claim ownership of Your Content.

3.2 License to Foveate

You grant us a limited, non-exclusive license to host, process, display, and transmit Your Content solely to provide the Service. We will not access, use, or disclose Your Content except as necessary to deliver the Service, comply with law, or as you authorize.

3.3 Content Responsibilities

You represent that you own Your Content or have obtained all necessary rights, licenses, and permissions. You are solely responsible for ensuring Your Content does not violate applicable law or third-party rights.

3.4 AI Processing

Certain features of the Service use artificial intelligence to process Your Content (for example, rendering suggestions and presentation generation). Your Content is processed by AI only to deliver the features you request. We do not use Your Content to train third-party AI models without your explicit consent.

4. Viewer Analytics

4.1 What We Collect

When you share a presentation, we collect engagement data from viewers who access the link, including: view timestamps, session duration, section-level engagement (time per slide), scroll depth, viewing sequence, device type and browser, approximate location (city-level, derived from IP address), and referral source.

4.2 Consent

Viewers are informed of analytics collection through a consent notice before accessing the presentation. You may disable analytics on individual share links.

4.3 Your Responsibilities

You are responsible for ensuring that your use of viewer analytics data complies with applicable laws and your own privacy policy. Foveate provides the tools; how you use the resulting data is your responsibility.

5. Acceptable Use

You agree not to:

  • Reverse engineer, decompile, or attempt to derive source code from the Service.
  • Copy, modify, or create derivative works of the Service.
  • Sublicense, resell, rent, or lend access to the Service.
  • Use the Service to develop a competing product or service.
  • Circumvent security, access control, or usage-limiting features.
  • Upload content that is illegal, harmful, infringing, or violates third-party rights.
  • Use the Service to send spam, malware, or engage in phishing.
  • Attempt to gain unauthorized access to our systems or other users' accounts.
  • Use automated tools (scraping, bots) without our written permission.

Our full Acceptable Use Policy is incorporated by reference.

6. Fees and Payment

6.1 Pricing

Your subscription plan and pricing are determined at the time of purchase and displayed in your account settings. All fees are in US dollars unless otherwise stated.

6.2 Payment

Fees are billed in advance on a monthly or annual basis, depending on your plan. We use Stripe for payment processing. We do not store your full credit card number.

6.3 Taxes

All fees are exclusive of applicable taxes. You are responsible for all taxes imposed by governmental authorities, excluding taxes based on Foveate's net income.

6.4 Price Changes

We may change our pricing with at least sixty (60) days' written notice before your next renewal date. If you do not agree to the new pricing, you may cancel before the renewal date.

6.5 Refunds

Fees are generally non-refundable, except where required by applicable law or as otherwise stated in your subscription terms.

7. Term and Termination

7.1 Term

These Terms take effect when you first access the Service and continue until your account is deleted or terminated.

7.2 Cancellation by You

You may cancel your account at any time through your account settings. Cancellation takes effect at the end of your current billing period. You may export Your Content prior to cancellation.

7.3 Termination by Us

We may suspend or terminate your access if you materially breach these Terms, violate the Acceptable Use Policy, or fail to pay undisputed fees for more than sixty (60) days. Where possible, we will provide notice and an opportunity to cure before termination.

7.4 Effect of Termination

Upon termination: (a) your access to the Service will cease; (b) you may export Your Content for thirty (30) days following the effective date; (c) we will delete Your Content and personal data in accordance with our Privacy Policy and data retention schedule; (d) all outstanding fees become due.

8. Privacy and Data Protection

8.1 Privacy

Our Privacy Policy describes how we collect, use, store, and share personal information. By using the Service, you agree to our data practices as described in the Privacy Policy.

8.2 Data Processing

For enterprise customers processing personal data through the Service, our Data Processing Agreement governs such processing and is available upon request.

8.3 Security

We implement commercially reasonable technical and organizational measures to protect Your Content and personal data, as described in our Information Security Policy. Our infrastructure is hosted on Google Cloud Platform with encryption in transit (TLS 1.2+) and at rest (AES-256).

8.4 Data Location

By default, data is stored in Google Cloud data centers in the United States and European Union. Enterprise customers may request data residency restrictions to specific regions. See our Privacy Policy for details.

9. Intellectual Property

9.1 Foveate IP

We retain all right, title, and interest in the Service, including software, algorithms, designs, documentation, and all related intellectual property. These Terms do not grant you any rights to our intellectual property except the limited access right set forth in Section 1.

9.2 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use that feedback without restriction or obligation to you.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

11.1 Cap

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

11.2 Exclusion

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY.

11.3 Exceptions

The limitations in this section do not apply to (a) your breach of Section 5 (Acceptable Use); (b) either party's breach of confidentiality obligations; or (c) liability that cannot be limited under applicable law.

12. Indemnification

You agree to indemnify and hold harmless Foveate and its officers, directors, employees, and agents from any third-party claim arising from (a) Your Content; (b) your violation of applicable law; or (c) your breach of these Terms.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles.

13.2 Dispute Resolution

We both agree to attempt resolution of any dispute through good-faith negotiation for at least thirty (30) days before pursuing formal remedies. Any unresolved dispute shall be submitted to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

14. General

14.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, and any applicable Order Form or Main Services Agreement, constitute the entire agreement between you and Foveate.

14.2 Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Service at least thirty (30) days before the changes take effect. Continued use of the Service after changes constitutes acceptance.

14.3 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.

14.4 Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

14.5 Waiver

No failure to exercise any right shall operate as a waiver of that right.

14.6 Force Majeure

Neither party shall be liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, pandemics, war, or internet failures.

15. Incorporated Documents

The following documents are incorporated by reference:

16. Contact

For questions about these Terms:

Third Axis, LLC d/b/a Foveate

legal@foveate.com

foveate.com/security