FostromDocs

Terms of Service

 

Version 1.00

Updated On: 2026-08-26

When using the Fostrom service (hereinafter "Fostrom" or "Service") provided by Fostrom Ltd (hereinafter "we", "us" or "our"), a private limited company registered in Scotland under company number SC894279, whose registered office is at 5 South Charlotte Street, Edinburgh, Scotland, EH2 4AN, and when interacting with us, you agree to the following terms and conditions (hereinafter "Terms and Conditions"). If you are entering into this agreement on behalf of a company or another legal entity, you affirm that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms and Conditions. In this case "you" or "your" shall refer to such entity, its affiliates and all users associated with it.

If you are a consumer, that is, an individual using the Service wholly or mainly outside your trade, business, craft or profession, the section on consumers below applies to you, and prevails over any other provision of these Terms and Conditions that conflicts with it.

We reserve the right to alter the following Terms and Conditions at all times with or without notice. The latest version of the Terms and Conditions can be found at: https://fostrom.io/legal/terms.

1. General

These Terms and Conditions apply to the agreement and all use that you make of the Service. Our website at fostrom.io, together with its subdomains, is referred to in these Terms and Conditions as the "Website".

The applicability of any terms of you is explicitly rejected.

We may amend these Terms and Conditions at any time. You may be notified of any amendments by email. The new version of the Terms and Conditions will be available for viewing and downloading on the Website. If you continue to use the Service after these Terms and Conditions have been amended or supplemented, you thereby irrevocably accept the amended or supplemented Terms and Conditions. If you do not agree with the amended or supplemented Terms and Conditions, your exclusive remedy is to no longer use the Service and to directly terminate the agreement. If you are a consumer, this section is subject to the section on consumers below.

When you fail to comply with these Terms and Conditions, we are entitled to immediately terminate your account, without prejudice to all our other statutory and/or contractual rights.

2. Account Conditions

In order to be able to use the Service, you need to create an account. Any user of the Service must be a human; users registered by "robots" or other automated methods are not permitted. You must provide a valid email address, and any other information requested in order to complete the sign-up process. Your login details and account are strictly personal and may not be shared with other people. You are always solely responsible for maintaining the confidentiality of your login information. It is not allowed to share your login details or account with third parties. You are responsible for all activities and content that is placed in and under your account.

3. Use of the Service

We hereby grant you a non-exclusive, non-transferable, limited right to access and use the Service, solely for the purposes for which the Service is intended, in accordance with the Website and the terms and conditions of the agreement, including these Terms and Conditions.

The Service is a general-purpose platform for connecting, monitoring, and controlling Internet of Things devices. It is not designed, intended, or authorised for use in any application in which the failure, delay, interruption, or inaccuracy of the Service could lead to death, personal injury, or severe physical, environmental, or property damage. This includes, without limitation, medical devices and life-support systems, emergency and life-safety systems, fire detection or suppression, security or access control on which a person's safety depends, the control of vehicles, aircraft, vessels, or industrial machinery, and the operation of nuclear or other hazardous facilities. You must not use the Service in any such application. If you choose to do so, you do so entirely at your own risk, and you remain responsible for implementing independent safety, redundancy, and fail-safe measures that do not depend on the Service.

You agree that the Service only provides the functionality and other features as found in the Service at the time of use ("as is"). We are entitled to change and/or update the Service and replace the design and layout and/or any of the functionalities of the Service without any prior notification and without being obliged to pay any compensation whatsoever to you.

You are responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use (parts of) the Service.

It is not allowed to use the Service in relation to unlawful actions or in relation to actions which are otherwise prohibited under applicable law and regulations. This includes, without limitation, any activities that constitute an infringement of intellectual property rights or (other) rights of third parties.

You shall explicitly, without limitation, not:

  • modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service;

  • transmit any worms or viruses or any code of a destructive nature;

  • permit any third party access - remotely or otherwise - to the Service except insofar as permitted in the agreement;

  • create derivative works based on the Service;

  • copy, frame or mirror any part or content of the Service;

  • reverse engineer the Service, and/or

  • access the Service in order to:

    • build a competitive product or service, and/or
    • copy any features, functions or materials of the Service.

You are responsible for not submitting sensitive data to the Service such as anything deemed confidential.

You acknowledge and agree that we do not pre-screen content processed by means of the Service and that we have no influence over the content processed by means of the Service. We are not liable and/or responsible for the content processed by means of the Service.

4. Payment Terms

Payment may be made in advance per calendar month or year, or at the end of a billing cycle or as otherwise mutually agreed upon. Payment is due within 7 days after the invoice date, unless otherwise agreed upon. Whether any tax is applicable or included in the price (such as VAT or GST), will be indicated at the time of starting a subscription or billing cycle. Payment can be made through credit/debit card or other supported payment methods. Payments are non-refundable, unless agreed otherwise. In case of a subscription, if you cancel your subscription before the subscription elapses, no payment will be refunded, and you can use the Service until the subscription elapses. If you choose to cancel your billing plan, you will have to pay any accrued charges up until that point. If you are a consumer, this section is subject to the section on consumers below.

If an amount that is owed is not paid within the payment term, you are in default by operation of law. If you are in default for more than a certain period of time as deemed by us, we are entitled to suspend and/or lock your account temporarily. In that case you will receive instructions by email on how to meet payment and when your account will be re-activated. If payment remains behind, we are entitled to delete your account (permanently), including all data, settings and the like, subject to the notice period set out in the section on Licences and Ownership of Content. We are not liable for temporarily locking and/or suspending your account nor for permanently deleting your account due to late payment.

5. Termination

In addition to the other remedies available to us, we are at all times, at our sole discretion, without prior written notice or explanation and without becoming liable to you, entitled to:

  • temporarily or permanently terminate your use of the Service in the event that we, at our sole discretion, deem such termination necessary;

  • temporarily or permanently restrict or suspend your activities in connection with the Service; partly or wholly edit, delete or refuse any content.

The above is subject to the section on consumers below if you are a consumer.

You are solely responsible for properly cancelling your account, which you can do in the Service only. Any other form of cancellation is not accepted and therefore not processed.

6. Effect of Termination

Either Party may terminate the agreement immediately upon written notice to the other party if:

  • the other party ceases to carry on its business;
  • the other party breaches any material provision of the agreement (the obligation to pay for the Service is a material provision of the agreement) and such breach continues uncured for 3 days - or 7 days for breach of any payment obligation - after written notice of this breach;
  • the other party becomes insolvent, admits in writing to its inability to pay debts as they mature, is adjudicated bankrupt, or makes assignment for the benefits of its creditors; or any proceeding under bankruptcy, or insolvency laws is commenced by or against the other party and is not dismissed within 30 days.

Amounts invoiced by us prior to termination in connection with what is already properly performed or delivered in performance of the agreement shall remain payable in full and shall become immediately due and payable at the time of termination.

Upon any termination or expiration of the agreement in any way whatsoever, all rights granted to you hereunder shall cease and all outstanding obligations to pay any amounts to us shall immediately become due and payable.

Upon any termination or expiration of the agreement in any way whatsoever, it is your responsibility to copy any content you want to retain to a computer or any other storage device, before termination. We are entitled to immediately delete all of your content from the Service upon termination. This information can not be recovered once your account is terminated.

You are at all times responsible for any legal obligation to keep your invoices, even after terminating your account.

All provisions which are meant to survive the termination of the agreement, including but not limited to all of your representations, warranties and indemnification obligations, shall survive such termination.

7. Modifications to the Service and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

We reserve the right to change prices for the use of the Service. Any price changes will be announced 7 days in advance. If you are a consumer, this section is subject to the section on consumers below.

8. Intellectual Property Rights

All intellectual property rights and related rights, including but not limited to copyrights, database rights, design rights, domain name rights, trade name rights, trade mark rights, patent rights, portrait rights, moral rights, whether registered or not, as well as any application to register any of the aforementioned rights, and (rights in) trade secrets and know-how in and to the Service rest with us and/or our supplier(s).

We and/or our suppliers reserve all rights not expressly granted to you in these Terms and Conditions. You acknowledge and agree that we and our suppliers retain all rights, title and interest, including all intellectual property rights, in and to the Service as well as any modifications, adaptations or translations thereof. You acknowledge and agree that you do not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms and Conditions.

You are not permitted to sell, rent out, transfer or grant restrictive rights to the Service or to make it available to third parties in any way or for any purpose.

You are not permitted to download, copy, amend, or provide otherwise (parts of) the Service, other materials made available to you by means of the Service, for direct or indirect commercial purposes or for any other purposes than internal business purposes or other than the purposes mentioned in the agreement, unless we have provided our prior written consent thereto, or if a mandatory or peremptory rule of (applicable) law states otherwise.

During the Agreement, Customer authorises us to list Customer as a customer of Fostrom, and use Customer's names and logos in the context of promotional activities, including listing on the Website, on publicly available customer lists and in media releases.

9. Licences and Ownership of Content

All software that is supplied to you in connection with the Service is provided subject to the terms of a separate end-user licence agreement that accompanies that software. You agree to abide by the terms of the end-user licence agreement in your use of this software.

We will never claim ownership over your content and/or materials posted to your account. In other words, your data is and remains your property.

Retention of your data. You control how long the data your devices send to the Service is retained. Unless you configure a retention policy or delete the data yourself, we retain it for as long as your account remains open. On termination of your account, the section on Effect of Termination applies.

Where your use of the Service is subject to a paid plan, we retain the data your devices send for as long as the plan remains in effect and amounts owed are paid. If an amount owed is not paid, the following applies, and we will email you at each stage:

  • for the first 30 days after the amount falls due, the Service continues to operate normally while we attempt to take payment again;

  • if the amount remains unpaid 30 days after it fell due, we will pause your account. Your devices will no longer be able to send data to the Service, and Actions and other processing will stop. The data already stored is retained, and you can still sign in to view and export it;

  • if the amount remains unpaid 60 days after it fell due, we may permanently delete that data and your account. Deleted data cannot be recovered.

The same periods apply, running from the date the plan ended, where a paid plan ends for any other reason.

Data protection. The data your devices send to the Service is ordinarily technical telemetry rather than personal data. Where it does contain personal data, you are the controller of that data and we process it on your behalf as your processor. You are responsible for having a lawful basis for that processing and for meeting your own obligations to the individuals concerned. If you require a data processing agreement, contact us at support@fostrom.io.

10. Indemnities and Warranties

We strive to achieve the highest possible uptime, but we do not guarantee that the Service or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Service can occur as a result of failures in the internet connection or as a result of viruses and/or faults/defects. We are not liable for any damage, loss or costs resulting or arising from the Service being (temporarily) unavailable, including but not limited to the loss of data or inability to access or use the Service.

We strive to achieve, but do not warrant, that: 1) the Service will meet your requirements, 2) the Service will be uninterrupted, timely, secure, and error-free at all times.

We are entitled to put the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to you, if in our opinion this is necessary, for instance in connection with the reasonably required maintenance of the Service or due to force majeure.

You are responsible and liable for all use you make of the Service. You shall defend, indemnify and hold us harmless against all claims and damages (including reasonable legal fees and expenses) which third parties may claim in connection with or resulting from the use that you make of the Service, a violation by you of the agreement, and/or any unlawful activities, including but not limited to the breach of our and/or third parties' intellectual property rights and/or privacy rights.

11. Liability

Your use of the Service is at your own risk. The Service is provided "as is", and we do not warrant that it will be uninterrupted, timely, secure, or free from errors or defects. To the fullest extent permitted by law, and subject to the section on consumers below:

  • we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, business, contracts, goodwill, or anticipated savings, or for any loss or corruption of data, however arising and whether or not we were advised of the possibility of it;

  • we are not liable for any loss or damage arising from your use of the Service in any application for which it is not intended, as described in the section on Use of the Service; and

  • our total aggregate liability arising out of or in connection with the agreement, whether in contract, delict, breach of statutory duty, or otherwise, is limited to the total amount you have paid us for the Service in the 3 months immediately preceding the event giving rise to the claim.

If you are a consumer, this section is subject to the section on consumers below.

12. Force Majeure

We shall not be bound to fulfil any contractual and/or statutory obligation if we are prevented from doing so as a result of force majeure.

Force majeure on our part shall include, in addition to what is understood by it according to law and case law, illness of employees and/or absence of employees who are crucial to the supply of the Service, interruptions in the supply of electricity, strikes, riots, fire, natural disasters, floods, failures of our suppliers (such as cloud providers), failures of third parties engaged by us (such as DNS and network infrastructure providers), internet failures, hardware failures, failures in (telecommunications) networks, epidemics, pandemics, government measures and all other external causes beyond our control.

In case of force majeure we are entitled to suspend our obligations under the agreement or to terminate the agreement in its entirety and with immediate effect, without any obligation to compensate you for any damages that may be suffered as a result.

13. Applicable Law and Disputes

This agreement, the use of the Service and all legal acts between us and you are exclusively governed by the laws of Scotland.

Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to Fostrom or to us, shall be subject to the exclusive jurisdiction of the courts of Scotland, sitting in Edinburgh. If you are a consumer, this section is subject to the section on consumers below.

14. If you are a consumer

This section applies if you are a consumer. You are a consumer if you are an individual and you use the Service wholly or mainly outside your trade, business, craft or profession. Where anything in this section conflicts with any other provision of these Terms and Conditions, this section prevails. Nothing in these Terms and Conditions affects your statutory rights as a consumer.

Our liability to you. We are responsible only for loss or damage that is a foreseeable result of our breach of these Terms and Conditions, and our total liability to you is limited to the total amount you have paid us for the Service in the 3 months immediately preceding the event giving rise to the claim, or in case the amount is zero, limited to £50. We are not responsible for loss or damage that is not foreseeable, and we are not responsible for any loss or damage arising from your use of the Service in an application for which it is not intended, as described in the section on Use of the Service. Nothing in these Terms and Conditions limits any liability that cannot lawfully be limited.

Your right to cancel. If you enter into a paid subscription, you may cancel it within 14 days of entering into it, without giving a reason. To cancel, tell us by email at support@fostrom.io before that period expires. You may use the model cancellation form, which we will provide on request, but you do not have to. If you cancel, we will refund all payments we have received from you within 14 days of the day on which you tell us, using the same means of payment you used.

If you ask us to begin providing the Service during the 14-day period, you may still cancel, but you must pay us a proportionate amount for what you have used up to the point at which you tell us. If the Service has been fully performed within that period at your express request, you lose the right to cancel.

Refunds. The statement in the section on Payment Terms that payments are non-refundable does not apply to any refund owed to you under this section or under your statutory rights.

Changes to these Terms and Conditions. We will give you reasonable notice by email of any change to these Terms and Conditions that affects you. If you do not accept the change, you may terminate the agreement without charge before the change takes effect, and we will refund any amount you have paid in respect of a period after termination.

Termination by us. We may terminate or suspend it where you are in material breach of these Terms and Conditions, where we are required to do so by law, or where we cease to provide the Service, and we will give you reasonable notice unless the circumstances make that impossible. Where we cease to provide the Service, we will refund any amount you have paid in respect of a period after termination.

Complaints. If you have a complaint, please contact us at support@fostrom.io and we will do our best to resolve it.

15. Other Conditions

If any part of this agreement is void, or unenforceable, for any reason, including due to rules of mandatory or peremptory law, the remaining paragraphs of this agreement will remain in effect between us and you. In such a case, we will replace the void or unenforceable provisions with new ones. In doing so, the purpose and meaning of the void or unenforceable provisions will be taken into account as far as possible.

All notices or reports permitted or required under the agreement shall be in writing.

The version of any communication and/or reports received or stored by us serves as authentic and binding proof, subject to evidence to the contrary provided by you.

We have the right to commission third parties to perform any of the rights and/or obligations under the agreement, either in whole or in part. You acknowledge that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You may only transfer your rights and obligations under the agreement to a third party with our prior written permission.

Questions about the Terms and Conditions may be directed to the email address support@fostrom.io.