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Terms of Service

Last updated: 10/27/2025

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, APIs, data exports, and other services operated by Tooldesk Inc. d/b/a Franchisefox (“Franchisefox”, “we”, “us”, or “our”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are entering into this agreement on behalf of a company or organization, you represent that you have authority to bind that entity; “you” and “your” will refer to that entity.

1. Definitions

  • “Account” means the profile created to access the Services.
  • “Content” includes data, text, graphics, reports, and other materials available through the Services.
  • “Customer Data” means information you submit, upload, or transmit to the Services.
  • “Documentation” means written or electronic usage guides, FAQs, or technical notes provided by Franchisefox.

2. Eligibility & Accounts

  • You must be at least 18 years old and use the Services for legitimate business purposes.
  • Registration information must be complete and accurate, and you must keep login credentials confidential.
  • You are responsible for all activity that occurs under your Account. Notify us immediately about unauthorized use or security incidents.
  • Franchisefox may refuse or suspend Accounts if we determine, in our discretion, that continued access poses legal, security, or reputational risk.

3. Subscriptions, Billing & Taxes

  • Subscription plans, quotas, and pricing are described on the Site or in an order form. Plans renew automatically unless canceled before the renewal date.
  • All fees are due in advance, non-refundable, and exclusive of taxes. Because data can be exported immediately, we do not provide refunds.
  • You authorize us to charge your payment method for recurring fees, overages, taxes, or add-on purchases.
  • Late payments may incur interest at 1.5% per month (or the maximum allowed by law) plus collection costs.

4. Access Rights & License

  • Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access the Services for your internal business use.
  • You may export Content as permitted in your plan. You may not resell, sublicense, or publicly publish raw datasets without written permission.
  • The Services may include usage limits (API rate limits, seat counts, export caps). We may monitor compliance and throttle or suspend excessive or abusive usage.

5. Acceptable Use

You must not:

  • Violate laws, regulations, or industry guidelines (including CAN-SPAM, TCPA, GDPR, CCPA, state franchise rules, and anti-corruption laws).
  • Misrepresent identity or affiliation, scrape outside documented endpoints, reverse engineer, or disrupt platform operations.
  • Use the Services to harass, discriminate, send spam, or create misleading communications.
  • Circumvent authentication, security controls, or access features and data you are not authorized to use.

6. Franchisefox Content & Intellectual Property

  • Franchisefox retains all rights, title, and interest in the Services, Content, Documentation, and derivative works.
  • Customer feedback may be used to improve the Services. You grant us a perpetual, irrevocable, royalty-free license to use suggestions without obligation.
  • Trademarks, logos, and branding may not be used without our written consent.

7. Customer Data & Privacy

  • You retain ownership of Customer Data. You represent that you have obtained all consents necessary to submit it.
  • We use and process Customer Data in accordance with our Privacy Policy, data processing agreements (if applicable), and your instructions.
  • You are responsible for responding to your own customers’ privacy or disclosure requests related to Customer Data.

8. Confidentiality

  • Each party may receive confidential information from the other. Both parties will protect it with at least the same care used for their own confidential information and use it solely to fulfill obligations under these Terms.
  • Confidentiality obligations survive termination for three (3) years, except for trade secrets which remain protected as long as they are trade secrets.

9. Beta & Preview Features

Certain features may be labeled beta, preview, or early access. They are provided “as is” without support, may be modified or discontinued at any time, and may be subject to additional terms.

10. Term, Suspension & Termination

  • These Terms remain in effect while you access the Services. Either party may terminate by providing notice if the other party materially breaches and fails to cure within 10 days.
  • We may suspend or terminate immediately for non-payment, security risk, suspected fraud, or violations of Applicable Law.
  • Upon termination you must cease use, delete or destroy Franchisefox Content (unless retaining is required by law), and certify destruction upon request.

11. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TOOLDESK INC. D/B/A FRANCHISEFOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, OR QUIET ENJOYMENT. YOU ARE RESPONSIBLE FOR VALIDATING DATA AND COMPLYING WITH ALL LEGAL REQUIREMENTS.

12. Limitation of Liability

  • TOOLDESK INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND AFFILIATES ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
  • OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
  • These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose.

13. Indemnification

You agree to indemnify, defend, and hold harmless Tooldesk Inc. d/b/a Franchisefox from any claims, damages, liabilities, and costs (including attorneys’ fees) arising from your Customer Data, use of the Services, violation of these Terms, or violation of law.

14. Compliance & Audit Cooperation

You agree to maintain records demonstrating compliance with marketing and privacy laws and, upon reasonable notice, to cooperate with investigations or audits related to your use of the Services.

15. Force Majeure

Neither party is liable for delays or failure to perform due to causes beyond its reasonable control, including natural disasters, labor disputes, internet outages, acts of government, or other force majeure events.

16. Export & Sanctions

You represent that you are not located in, under the control of, or a national or resident of any embargoed country or prohibited entity list. You must comply with all applicable export control and sanctions laws.

17. Miscellaneous

  • These Terms, together with any order forms and policies referenced herein, constitute the entire agreement between the parties.
  • If any provision is held unenforceable, the remaining provisions will remain in effect.
  • You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • Delaware law governs these Terms, without regard to conflict-of-law principles. Venue lies in the state or federal courts located in San Francisco County, California, and you consent to personal jurisdiction there.
  • Notices must be sent via email to [email protected] and are deemed given when received. We may provide notices to the email on file for your Account.

18. Contact

Tooldesk Inc. d/b/a Franchisefox

548 Market Street PMB 12345, San Francisco, CA 94104 USA

Support: [email protected]

Legal: [email protected]