Conditions générales

Last Updated: October 29, 2026.

Please read these Terms and Conditions (“Terms”) carefully before accessing or using the Foambyte website, web application, or related services (collectively, the “Service”). The Service is provided by Foambyte LLC (“Foambyte,” “we,” “us,” or “our”), 202 N Cedar Ave Ste 1, Owatonna, MN 55060.

These Terms contain a binding arbitration agreement and a class action waiver in Section 31, which affect how disputes are resolved. Please read them carefully. You can opt out of arbitration as described in Section 31(h).

1. Agreement to Terms: You accept these Terms when you create an account (by ticking the box or selecting the button that refers to these Terms), when you accept an updated version in the app, or, if you use the Service without an account, by accessing or using it. If you do not agree to these Terms, do not use the Service. You agree to comply with all applicable laws and regulations, and you are responsible for ensuring that your use of the Service complies with any applicable local laws. If you accept these Terms on behalf of a brewery, company, or other business, you confirm that you have the authority to bind that business to these Terms, and “you” and “your” include that business.

2. Eligibility and Availability:

• You must be at least 18 years old, or the legal drinking age in your jurisdiction if that age is higher, to use the Service.
• You represent that you have the legal capacity to enter into these Terms.
• If you use the Service for commercial brewing or other business operations, you are responsible for obtaining and maintaining all licenses, permits, and registrations that your operations require.
• You represent that you are not located in, or a resident of, a country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You may not use or export the Service in violation of U.S. export control or sanctions laws.
• The Service is offered to and directed at users in the United States, Canada, and Latin America. Foambyte makes no representation that the Service is appropriate or available for use in other locations. If you access the Service from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

3. Accounts and Security: You are responsible for keeping your login credentials confidential and secure, and for all activity that occurs under your account. You agree to provide accurate and complete registration information and to keep it up to date. You must promptly notify us at [email protected] if you become aware of any unauthorized access to or use of your account. Each account is for one person. You may not share your credentials or let anyone else use your account, and a business must use a separate account for each person. Foambyte is not responsible for any loss caused by unauthorized use of your account unless that use was caused by our breach of these Terms. We may access your account and User Content to provide support you request, to investigate suspected abuse or security incidents, to comply with law, and as the Privacy Policy describes.

4. Use of the Service and License: Foambyte grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal, lawful business or personal use in accordance with these Terms. You may not:

• Copy, modify, or create derivative works of the Service;
• Use the Service for any unlawful, abusive, or fraudulent purpose;
• Attempt to reverse engineer, decompile, or extract source code;
• Circumvent security or access controls;
• Remove proprietary notices;
• Scrape the Service or access it through automated or bulk means that we do not provide;
• Resell, sublicense, rent, or otherwise make the Service available to third parties;
• Use the Service to build or benchmark a competing product or service;
• Exceed the usage limits of your plan (such as the number of recipes, batches, tanks, inventory items, or storage shown on our pricing page), or use any technique to avoid them;
• Interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure; or
• Upload or transmit malware, or any content that is unlawful, infringing, or harmful.

Foambyte may monitor use of the Service to verify compliance with these Terms, may set and enforce plan limits and reasonable technical limits (such as request rates and storage), and may limit or throttle use that affects the Service for others.

5. Intellectual Property: Foambyte and its licensors own all rights, title, and interest in and to the Service, including its software, design, text, graphics, trademarks, and logos. Except for the limited license expressly granted in Section 4, no rights or licenses are granted to you by implication, estoppel, or otherwise. In particular:

• Copyright and protected materials: The Service and its contents are protected by copyright, trademark, trade secret, and other intellectual property laws in the United States, Mexico, and other countries. Protected materials include the software (in source and object code form), the user interface and its overall look and feel, calculators, formulas, and algorithms as implemented in the Service, documentation, website and blog content, images, videos, and the ingredient, style, and other reference data and databases that Foambyte compiles and makes available through the Service.
• Trademarks: FOAMBYTE and the Foambyte logo are trademarks of Foambyte LLC. The FOAMBYTE mark is registered in Mexico and is registered or pending registration in the United States, and Foambyte may use or register its marks in other countries. Other product and company names shown in the Service may be trademarks of their respective owners.
• Use of our marks: You may not use Foambyte’s names, trademarks, logos, or any confusingly similar names, logos, or domain names without our prior written permission, including in advertising, search-engine keywords, product or app names, business names, domain names, or social media handles, or in any way that suggests sponsorship, endorsement, or affiliation with Foambyte. All goodwill arising from the use of Foambyte’s marks belongs to Foambyte, and your use of the Service does not give you any rights in them.
• Reference data and databases: You may not extract, copy, reproduce, republish, or redistribute all or a substantial part of the ingredient, style, or other reference data or databases available through the Service, whether in a single operation or through repeated extraction of smaller parts, except for your own use of that data within the Service or in your own recipes and exports as the Service allows.
• AI training and data mining: You may not use the Service, its content, its reference data, or its outputs to train, fine-tune, evaluate, or benchmark any artificial intelligence or machine learning model, or for automated text and data mining, without our prior written permission. This applies in addition to the restrictions in Section 4.
• Tools versus your content: You own your User Content as described in Section 6. Foambyte keeps all rights in the tools, templates, calculations, reference data, and other elements of the Service used to create it, and nothing in these Terms transfers those rights to you.
• BJCP Style Guidelines: The beverage style catalog and style guidelines used in the Service are the BJCP Style Guidelines, used with the permission of the Beer Judge Certification Program. The BJCP Style Guidelines are Copyright © BJCP, Inc., and all rights in them belong to BJCP, Inc. The most current version of the guidelines is available at www.bjcp.org. Nothing in these Terms grants you any right to copy, reproduce, or redistribute the BJCP Style Guidelines outside the Service; the restrictions on reference data above apply to them, and any other use requires permission from the BJCP. The BJCP’s permission does not mean that the BJCP sponsors or endorses Foambyte or the Service.

Copyright complaints (DMCA): Foambyte respects the intellectual property rights of others and responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable laws, such as Mexico’s Federal Copyright Law.

• Notices: If you believe that content available through the Service infringes your copyright, send a written notice to our designated copyright agent at Foambyte LLC, Attn: Copyright Agent, 202 N Cedar Ave Ste 1, Owatonna, MN 55060, or by email to [email protected] with “Copyright Notice” in the subject line. Your notice must include:
  • your physical or electronic signature, or that of a person authorized to act on behalf of the copyright owner;
  • identification of the copyrighted work you claim is infringed;
  • identification of the allegedly infringing material and information reasonably sufficient for us to locate it, such as a URL;
  • your name, postal address, telephone number, and email address;
  • a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner’s behalf.
• Counter-notices: If content you submitted was removed or disabled in response to a notice and you believe this was a mistake or misidentification, you may send a counter-notice to the same address. It must include your physical or electronic signature; identification of the removed material and where it appeared before removal; a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district where your address is located (or, if your address is outside the United States, any judicial district in which Foambyte may be found) and that you will accept service of process from the person who submitted the original notice or that person’s agent. Where the DMCA applies, we may restore the material in 10 to 14 business days after receiving a valid counter-notice unless the complaining party informs us that it has filed an action seeking a court order.
• Misrepresentations: Anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages, including costs and attorneys’ fees.
• Repeat infringers: Foambyte may remove content and will, in appropriate circumstances, suspend or terminate the accounts of users who are repeat infringers.

6. Your Content:

• You keep ownership of the recipes, production data, notes, pictures, and other content you submit to the Service (“User Content”).
• You grant Foambyte a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) license to host, store, copy, process, back up, transmit, adapt (for example, to convert units or formats), and display your User Content to operate, secure, support, develop, and improve the Service, and to keep it in backups as described in our Privacy Policy. If you choose to make User Content public or share it with others, the license includes displaying it to those users. To the extent permitted by law, you waive, and agree not to assert, any moral rights in your User Content against Foambyte and its service providers for these uses.
• You confirm that you own or have all rights necessary to submit your User Content and to grant the license above.
• If you include personal information about other people in your User Content (for example, names or contact details of employees, customers, or suppliers), you are responsible for having the right to do so and for complying with any privacy laws that apply to you.
• Foambyte may remove User Content that violates these Terms or that is unlawful or harmful, but we have no obligation to monitor User Content.
• Foambyte may disclose User Content when required by law, legal process, or a government request, or when we reasonably believe disclosure is necessary to protect the Service, our users, or others.
• Foambyte may create and use de-identified data, individually or in aggregate, that does not identify you or your business, for any lawful purpose, such as creating benchmarks and improving the Service, including after your account is deleted. When you delete your account, your User Content is de-identified as described in our Privacy Policy and may be kept in that form.

7. Feedback: If you send us suggestions, ideas, or other feedback about the Service, you grant Foambyte a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, and commercialize it for any purpose, without any obligation, attribution, or compensation to you, and you confirm that the feedback is not confidential and does not infringe anyone’s rights.

8. Data Backup and Export: You are responsible for keeping your own copies of important data, using the export features we provide or by requesting a copy of your data at [email protected]. Subject to Section 14, Foambyte is not responsible for any loss or corruption of User Content. After your account is deleted or terminated, Foambyte has no obligation to keep your User Content and may delete it, subject to the retention described in the Privacy Policy. If your paid plan ends or you move to a plan with lower limits, content or features above the limits of your new plan may become read-only or inaccessible, and we may delete content above those limits after at least 30 days’ notice by email. We may delete free-plan accounts that have not been signed into for 12 months after at least 30 days’ notice by email.

9. Software, Calculations, and Brewing Disclaimer: The Service provides tools for recipe formulation, production planning, batch tracking, inventory, cost estimation, and related calculations. These tools are provided for informational and planning purposes only. Foambyte does not guarantee accuracy, regulatory compliance, or specific production, fermentation, financial, or commercial outcomes. You are solely responsible for verifying outputs and ensuring product safety, quality, and legal compliance. In particular:

• Outputs of the Service are not professional, legal, tax, accounting, or regulatory advice. This includes matters involving the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB), state alcohol regulators, Canadian federal and provincial authorities, Latin American authorities (for example, Brazil’s MAPA or Mexico’s COFEPRIS and SAT), product labeling, and tax filings.
• You are solely responsible for safety-critical decisions, including pressure and carbonation levels, sanitation, allergens, and equipment operation, as well as for product labeling, alcohol content declarations, and compliance with all applicable laws.
• The Service is not a control, monitoring, or safety system. You must not rely on it as the sole means of controlling any process, pressure, temperature, or inventory, and you must keep independent checks and records that your operations and the law require.

10. Beta and Experimental Features: Features that are labeled beta, preview, early access, or experimental, including any AI-assisted features, are provided “as is” and “as available,” may be offered to some users only, may change, be limited, or be discontinued at any time without notice, and may produce inaccurate or incomplete output. You should independently verify any output from these features before relying on it. Sections 13 and 14 apply to them, and to the maximum extent permitted by law Foambyte has no liability arising from them.

11. Accuracy of Materials; Changes to the Service: The Service may contain technical inaccuracies, typographical errors, or outdated information. Foambyte does not warrant that any content is accurate, complete, or current. Foambyte may add, change, or remove features at any time without notice, and does not commit to any uptime, response time, or support level; support is provided by email on a reasonable-efforts basis. If Foambyte discontinues the Service, or a paid plan you have prepaid for, we will give you at least 30 days’ notice by email, and your sole remedy is a pro-rata refund of prepaid fees for the unused part of your subscription period after the discontinuation date.

12. Third-Party Links and Services: The Service may contain links to third-party websites or integrations. Foambyte is not responsible for the content, policies, or practices of any third-party services. Use of third-party services is at your own risk and subject to their respective terms. Integrations and embedded services, such as Paddle, Google sign-in, Calendly, and YouTube, are governed by their own terms and privacy policies.

13. Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. FOAMBYTE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOAMBYTE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DATA LOSS, OR THAT ANY OUTPUT OF THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FOAMBYTE OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FOAMBYTE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, YOUR REGULATORY OBLIGATIONS, OR THE REQUIREMENTS OF ANY THIRD PARTY, OR THAT DEFECTS WILL BE CORRECTED.

14. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOAMBYTE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITIES, PRODUCTION DOWNTIME, SPOILED OR LOST BATCHES, PRODUCT RECALLS, REGULATORY FINES, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOAMBYTE IS NOT LIABLE FOR: (A) THIRD-PARTY SERVICES, INTEGRATIONS, OR CONTENT; (B) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR USER CONTENT NOT CAUSED BY OUR BREACH OF THESE TERMS; (C) LOSS OF USER CONTENT YOU DID NOT BACK UP AS SECTION 8 DESCRIBES; (D) THE CONDUCT OR CONTENT OF OTHER USERS; OR (E) THE PRODUCTS YOU PRODUCE, LABEL, DISTRIBUTE, OR SELL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FOAMBYTE AND THE PERSONS LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, TAKEN TOGETHER AND REGARDLESS OF THE NUMBER OF CLAIMS OR THEORIES, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100. THIS CAP IS A SINGLE CAP, NOT A CAP PER CLAIM, AND APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

These limitations are a fundamental basis of the bargain between you and Foambyte and the price of the Service reflects them. They do not limit any liability that applicable law does not allow to be limited. Where a jurisdiction does not allow a particular exclusion or limitation in Sections 13 and 14, that exclusion or limitation applies to the maximum extent that jurisdiction permits, and the others remain in effect.

15. Indemnification: To the extent permitted by law, you agree to indemnify, defend, and hold harmless Foambyte LLC and its members, managers, officers, employees, contractors, licensors, and service providers from and against any claims, demands, losses, liabilities, damages, penalties, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

• (a) your use of the Service;
• (b) any products you produce, label, distribute, or sell, including in reliance on outputs of the Service;
• (c) your User Content, including any personal information about other people in it; or
• (d) your violation of these Terms, applicable law, or the rights of any third party.

Foambyte may, at its option and expense, take over the exclusive defense and control of any matter subject to this Section, in which case you will cooperate with us. You may not settle any claim that imposes an obligation or admission on Foambyte without our prior written consent.

16. Suspension and Termination:

• Foambyte may suspend or restrict your access to all or part of the Service, with or without notice, if we reasonably believe that you have violated these Terms, that your account creates legal risk or exposure for Foambyte or others, that your account has been compromised, that a payment has failed or been charged back, or when suspension is needed to protect the Service or its users, or to comply with law or legal process.
• Foambyte may terminate your account for cause (any of the reasons above) with or without notice, and may terminate any account, or stop offering any plan, for any reason with at least 30 days’ notice by email; in that case your sole remedy is a pro-rata refund of prepaid fees for the unused part of your subscription period.
• Foambyte may discontinue the Service, in whole or in part, as described in Section 11.
• You may stop using the Service or delete your account at any time.
• When your account ends, your license under Section 4 ends, and Section 8 describes what happens to your User Content. Accounts terminated for cause are not eligible for refunds, except where required by law. Foambyte has no liability to you for any suspension or termination under this Section.

Sections 5 (Intellectual Property), 6 (Your Content, including the right to de-identified data), 7 (Feedback), 8 (Data Backup and Export), 9 through 15 (disclaimers, limitation of liability, and indemnification), 16 (this Section), 30 (Governing Law), 31 (Dispute Resolution; Binding Arbitration; Class Action Waiver), and 32 (General), together with any other provision that by its nature should survive, survive any termination of these Terms.

17. Changes to These Terms: Foambyte may update these Terms from time to time. If we make a material change (in our reasonable judgment), we will notify you by email to the address of your account and in the app at least 30 days before it takes effect, and we will ask you to accept the updated Terms in the app to keep using the Service after that date; if you do not agree, you may stop using the Service and cancel any subscription before the change takes effect. Changes that are not material (such as clarifications, corrections, and changes required by law) take effect when posted with an updated “Last Updated” date, and your continued use after that date means you accept them. Changes to Section 31 (Dispute Resolution) are also governed by Section 31(i).

18. Privacy Policy: Our Privacy Policy explains how we collect, use, disclose, and protect personal information. When you create an account you confirm that you have read it, and by using the Service you acknowledge the practices it describes. The Privacy Policy is a notice of our practices, not a contract, and our processing of personal information rests on the legal bases it describes.

19. Free Plan: Foambyte currently offers a free plan. Its features and limits may change at any time without notice, support for free accounts is provided at our discretion, and Foambyte may discontinue the free plan with at least 30 days’ notice by email, after which your account may be deleted as Section 8 describes. Free-plan accounts are provided “as available” and Sections 13 and 14 apply to them.

20. Merchant of Record: Sections 20 through 29 apply to paid plans. All payments for subscriptions and services are processed by Paddle (https://www.paddle.com/), our authorized Merchant of Record. Paddle handles payment processing, billing, applicable taxes (such as sales tax, GST/HST, IVA, or VAT where required), and refund transactions. When you make a purchase, you enter into a transaction with Paddle as the Merchant of Record, and your payment is subject to Paddle’s applicable billing and payment terms. Prices may be shown in your local currency. Paddle calculates applicable taxes and, depending on your location, adds them at checkout (for example, in the United States and Canada) or includes them in the price shown. Foambyte never receives or stores full card numbers. We receive only limited payment details from Paddle (such as the last 4 digits, expiration date, and card type) so we can show you your payment method, plus your subscription status, plan, and billing country. Paddle’s Checkout Buyer Terms and Refund Policy govern your purchase transaction with Paddle; where they and Sections 20 through 29 differ on a matter of billing, tax, or refund processing, Paddle’s terms control as between you and Paddle, and these Terms control as between you and Foambyte.

21. Subscription Purchases and Automatic Renewal:

• Paid plans are billed in advance on a monthly or annual basis, depending on the plan you select, and renew automatically at the then-current price at the end of each billing period until you cancel.
• The price, billing frequency, and renewal terms are shown clearly before you purchase, and a subscription starts only with your affirmative consent.
• For plans of one year or longer, you will receive a reminder before renewal where applicable law requires it.
• You authorize Paddle to charge your payment method for each billing period, including any applicable taxes, until you cancel. If a payment fails, Paddle may retry it, and we may suspend or downgrade your account until it succeeds.
• You can cancel online at any time through your account settings, as described in Section 26.

22. Free Trials: If we offer a free trial, the trial terms shown at signup apply. If payment details are collected when you start the trial, the trial will convert to a paid subscription at the end of the trial period unless you cancel before it ends. Trial eligibility is at Foambyte’s discretion and is limited to one trial per customer. Foambyte may limit, change, or end a trial at any time. If applicable law requires a reminder before a trial converts to a paid subscription, you will receive one.

23. Price Changes: We will give you at least 30 days’ advance notice of any change to the price of your subscription. Price changes take effect at the start of your next billing period after the notice period, and you may cancel before they take effect. This Section applies to the price of a subscription you already have. It does not apply to prices for new plans or new customers, to promotional prices that end on a date shown when you bought them, or to changes in taxes, exchange rates, or local currency pricing applied by Paddle.

24. Refunds: Refunds for paid plans are handled by Paddle, as Merchant of Record, under Paddle’s Refund Policy. To request a refund, use Paddle’s buyer support or the support link in your Paddle receipt; you can also contact us at [email protected] for help. If the reason is a technical problem with the Service, please contact us first so we can try to resolve it; if we cannot, Paddle’s buyer support can help. In addition, Foambyte may, at its discretion, ask Paddle to refund a duplicate or accidental charge, or a charge for a period in which a technical failure on our side prevented reasonable use of the Service and that we could not resolve within a reasonable time. A discretionary refund does not create a right to refunds in the future. Nothing in this Section limits any refund, cancellation, or withdrawal right that applicable consumer law gives you and that cannot be waived (see Section 29).

25. Refund Decisions: Whether a refund request is granted is decided under Paddle’s Refund Policy and applicable law. Foambyte does not add further refund restrictions of its own, except as stated in Sections 16 and 28.

26. Subscription Cancellation: Users may cancel their subscription at any time through their account settings. Cancellation will stop future billing but will not result in a refund for the current billing period unless one is granted under Section 24 or required by law. Access to the Service will remain active until the end of the paid subscription period.

27. Refund Processing: If a refund is approved, it will be issued to the same payment method used for the original payment. Processing times vary depending on the payment provider and may take 5 to 10 business days or longer to appear in the customer’s account.

28. Chargebacks and Fraud Prevention: We may investigate refund requests and ask Paddle to deny a refund in cases of suspected abuse, fraudulent activity, or attempts to circumvent billing policies. Initiating a chargeback without contacting support first may result in suspension or termination of the associated account. This does not affect your lawful right to dispute a charge. If a chargeback is resolved in our favor, you remain responsible for the amount charged back, and we may require payment of it, together with any chargeback fees, before restoring your account.

29. Consumer Protection Laws: Nothing in these Terms limits or excludes any consumer right that cannot be limited or excluded under applicable consumer protection law. If you are a consumer, you keep all rights that the mandatory consumer protection law of your country, state, or province gives you.

30. Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Minnesota and applicable U.S. federal law, without regard to conflict-of-law principles, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. For any matter that is not subject to arbitration under Section 31 (including small-claims matters as described in Section 31(d), claims for injunctive relief relating to intellectual property, and any claim for which arbitration is found unenforceable or from which you have opted out), the state and federal courts located in Minnesota have exclusive jurisdiction, and you and Foambyte consent to their personal jurisdiction and waive any objection to venue there. This Section does not deprive you, if you are a consumer, of the protection of the mandatory laws of your country, state, or province of residence, or of the right to bring a claim in the courts those laws make available to you.

31. Dispute Resolution; Binding Arbitration; Class Action Waiver: PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND FOAMBYTE TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION, WAIVES CLASS ACTIONS AND JURY TRIALS, AND LIMITS HOW YOU CAN SEEK RELIEF. YOU CAN OPT OUT AS DESCRIBED IN SECTION 31(h).

• (a) Informal resolution first (required): Before starting any arbitration or court claim, the party raising the dispute must send the other a written Notice of Dispute (to [email protected] for Foambyte, or to the email address of your account for you). Your Notice must include your name, the email address of your account, a description of the claim and the relief requested, and be personally signed by you (not only by a lawyer or representative); each claimant must send their own Notice. Within 60 days after a complete Notice is received, the parties will hold an individual conference by video or phone in a good-faith effort to resolve the dispute; you must attend personally (with reasonable accommodation if you are unable to attend by video or phone), and your lawyer may also attend. Neither party may start arbitration or a court claim until the conference has been held or 60 days have passed since the Notice without a conference being offered by the other party, whichever is first. Any statute of limitations and any filing-fee deadline is paused from the date a complete Notice is received until this process ends. A court may enforce this paragraph and dismiss or pause a claim filed before it is complete.
• (b) Binding individual arbitration: IF THE DISPUTE IS NOT RESOLVED, IT WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES, OR ITS COMMERCIAL ARBITRATION RULES IF YOU USE THE SERVICE FOR BUSINESS PURPOSES, BEFORE A SINGLE ARBITRATOR. THE FEDERAL ARBITRATION ACT GOVERNS THIS SECTION. THE ARBITRATOR MAY AWARD THE SAME INDIVIDUAL RELIEF A COURT COULD AWARD, AND DECIDES ALL ISSUES EXCEPT THAT A COURT DECIDES WHETHER THE CLASS ACTION WAIVER, THE MASS ARBITRATION PROCEDURE IN SECTION 31(f), OR SECTION 31(i) IS ENFORCEABLE. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on another established arbitration provider or, failing agreement, a court of competent jurisdiction will appoint one under the Federal Arbitration Act, and that provider’s rules closest to the AAA rules named above will apply. The arbitrator must follow these Terms and applicable law, may award only individual relief, and will issue a written decision with reasons; judgment on the award may be entered in any court with jurisdiction. This Section covers claims that arose before you accepted these Terms, to the extent permitted by law, and claims against Foambyte’s members, managers, officers, employees, contractors, and service providers, who may enforce it.
• (c) Location: If you use the Service as a consumer, the arbitration will be conducted by video, phone or written submissions, or, if an in-person hearing is required, in the county where you live. If you use the Service for business purposes, the seat and venue of the arbitration will be Minnesota, although hearings may be held by video or phone where the rules permit.
• (d) Exceptions: Either party may bring an individual claim in small-claims court in the county where you live or in Minnesota, if the claim qualifies. Either party may seek injunctive relief in court for infringement of intellectual property rights or misuse of the Service. Any claim for public injunctive relief that cannot be waived under applicable law will be decided by a court in Minnesota (or, if required by that law, where you live), only after the individual claims in arbitration are resolved, and that court case is paused until then.
• (e) Fees: Foambyte will pay the filing, administration and arbitrator fees that the AAA’s rules assign to the business. Each party pays its own lawyers’ fees, unless the arbitrator awards them under applicable law. If the arbitrator finds that a claim or the relief sought was frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b), the arbitrator may order the claimant to reimburse the fees Foambyte paid and the other party’s reasonable costs.
• (f) Mass arbitration: If 25 or more Notices of Dispute or arbitration demands raising similar claims are submitted by or with the help of the same or coordinated lawyers or organizations, the AAA’s Mass Arbitration Supplementary Rules will apply, and the claims will be administered and decided in batches as those rules provide. The limitation period for any claim waiting for its batch is paused until it is filed.
• (g) CLASS ACTION AND JURY WAIVER: YOU AND FOAMBYTE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS (EXCEPT AS PROVIDED IN SECTION 31(f)) OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING, AND THERE WILL BE NO CLASS ARBITRATION. YOU AND FOAMBYTE EACH WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable for a particular claim, that claim will be resolved in the state or federal courts located in Minnesota and not in arbitration.
• (h) 30-day right to opt out: You can opt out of arbitration under this Section by emailing [email protected] from the email address of your account within 30 days after you first accept a version of these Terms that contains this Section, with the subject “Arbitration opt-out”, your name, and the email address of your account. The opt-out applies only to that account. If you opt out, disputes will be resolved in the state or federal courts located in Minnesota, and the rest of these Terms still apply. Opting out doesn’t affect any earlier arbitration agreement between you and Foambyte, or any agreement between you and Paddle.
• (i) Changes to this Section: If Foambyte changes this Section after you accepted it, the change will not apply to any dispute you notified Foambyte of, or that arose, before the change took effect. You may reject the change by emailing [email protected] within 30 days after it takes effect; the version of this Section you last accepted then continues to apply to you.
• (j) Time limit: To the extent permitted by law, any claim arising out of or related to these Terms or the Service must be brought within one year after it arises, or it is permanently barred.
• (k) Mandatory consumer law: If you are a consumer living in a jurisdiction whose mandatory law prohibits or limits pre-dispute arbitration agreements, class action waivers, or foreign forum selection in consumer contracts (for example, Quebec, Ontario, or Brazil under its Consumer Defense Code), this Section applies to you only to the extent that law permits, and you may bring claims in the courts your local law allows.

32. General:

• Entire agreement: These Terms, together with our Privacy Policy and any terms shown to you at the time of purchase, are the entire agreement between you and Foambyte regarding the Service and supersede any prior agreements on that subject. You acknowledge that you have not relied on any statement, promise, or representation that is not in these Terms.
• Order of precedence: If terms shown at the time of purchase conflict with these Terms, the purchase terms control for that purchase only.
• Severability: If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect. Section 31(g) governs the severability of the class action waiver.
• No waiver: Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
• Assignment: Foambyte may assign or transfer these Terms, in whole or in part, to any affiliate or successor at any time without your consent and without notice, provided your rights under these Terms are not reduced. You may not assign or transfer these Terms, or your account, without our prior written consent, and any attempt to do so is void.
• Force majeure: Foambyte is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, outages or failures of third-party infrastructure, hosting, networks, or payment providers, denial-of-service or other cyberattacks, labor disputes, war, civil unrest, and acts of government.
• Independent contractors: Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Foambyte.
• No third-party beneficiaries: Except for the persons indemnified or protected in Sections 14, 15, and 31, these Terms create no rights in any third party.
• Electronic notices and communications: You agree to receive communications from us electronically, and that notices, disclosures, and records we provide by email to the address of your account, in the app, or on our website satisfy any requirement that they be in writing. A notice by email is deemed received when sent to that address, so keep it current. Notices to Foambyte, other than the Notice of Dispute in Section 31(a), must be sent by mail to Foambyte LLC, 202 N Cedar Ave Ste 1, Owatonna, MN 55060, with a copy to [email protected].
• Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
• Interpretation: “Including” means “including without limitation.”
• Language: These Terms are written in English. Any translation is provided for convenience only, and if a translation conflicts with the English version, the English version controls to the extent permitted by applicable law.

33. Contact Information: If you have any questions about these Terms and Conditions, please contact us at: Foambyte LLC, 202 N Cedar Ave Ste 1, Owatonna, MN 55060. Email: [email protected].