Terms of Service

To use the Service, you must create an account by providing:

• A valid email address
• Your first and last name
• A password meeting our security requirements

You may also register using Google or GitHub OAuth.

You are responsible for:

• Maintaining the confidentiality of your password and API keys
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We recommend enabling strong passwords and rotating API keys periodically.

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.

Each individual or organization should maintain only one account. Creating multiple accounts to circumvent usage limits or for fraudulent purposes is prohibited.

Each plan includes limits on:

• Number of agents
• Monthly trace/span ingestion volume
• API requests per minute
• Data retention period
• Number of team members (if applicable)

Usage exceeding plan limits may result in throttling, overage charges, or service suspension.

• Billing Cycle: Subscriptions are billed monthly or annually in advance
• Payment Method: We accept major credit cards via Stripe
• Currency: All charges are in US Dollars (USD)
• Taxes: Prices exclude applicable taxes, which will be added where required

• Upgrades: Take effect immediately with prorated charges
• Downgrades: Take effect at the next billing cycle
• Cancellation: You may cancel at any time; service continues until the end of the current billing period

• Fees are generally non-refundable
• Refunds may be provided at our discretion for service outages or billing errors
• Annual subscriptions cancelled early are not eligible for partial refunds

You may set a monthly spend limit in your account settings. We will notify you when approaching this limit and may suspend ingestion to prevent exceeding it.

If payment fails, we will:

1. Notify you and attempt to charge again
2. After 7 days, restrict your account to read-only access
3. After 30 days, suspend your account
4. After 90 days, delete your data (with prior notice)

You may use the Service to:

• Monitor AI applications you own or have authorization to monitor
• Store trace data for debugging, analysis, and improvement purposes
• Integrate with your systems using our APIs and SDKs

You agree NOT to:

Illegal Activities

• Use the Service for any unlawful purpose
• Transmit content that violates any law or regulation
• Process data you do not have rights to collect or store

Harmful Content

• Store content depicting child exploitation (will be reported to authorities)
• Use the Service to facilitate harassment, threats, or violence
• Intentionally store malware or malicious code

Service Abuse

• Attempt to gain unauthorized access to the Service or other accounts
• Circumvent rate limits, usage quotas, or security measures
• Reverse engineer, decompile, or disassemble the Service
• Use automated means to scrape or extract data beyond API usage
• Resell or redistribute the Service without authorization

Infrastructure Harm

• Introduce viruses, worms, or other malicious code
• Attempt to disrupt or overload our infrastructure (DDoS)
• Probe, scan, or test vulnerabilities without authorization

Misrepresentation

• Impersonate any person or entity
• Falsely claim affiliation with Foil
• Provide false information during registration

Violation of this Acceptable Use Policy may result in:

• Warning and request to cease the activity
• Temporary suspension of access
• Permanent termination of your account
• Legal action where appropriate

We reserve the right to remove content or disable access at our discretion.

We provide REST APIs and OTLP endpoints for programmatic access. API documentation is available in our docs.

• API keys authenticate your requests to the Service
• Keys are scoped to your account and should be kept confidential
• You may create, rotate, and revoke keys through the dashboard
• Compromised keys should be revoked immediately

Our SDKs are provided under the MIT License. You may use, modify, and distribute them according to that license.

We may modify the API over time. We will:

• Maintain backward compatibility where reasonably possible
• Provide deprecation notices for breaking changes
• Support deprecated endpoints for at least 6 months when feasible

You retain all ownership rights to the data you submit to the Service ("Customer Data"), including:

• AI trace and span data
• Input/output content
• Media and attachments
• Custom signals and feedback

You grant Foil a non-exclusive, worldwide, royalty-free license to:

• Store, process, and display your Customer Data to provide the Service
• Create aggregated, anonymized statistics for service improvement
• Use data as necessary for security, support, and legal compliance

This license terminates when you delete your data or close your account.

We may compile anonymized, aggregated data that does not identify you or your end users. We may use such data for:

• Service improvement and benchmarking
• Industry research and reports
• Marketing (e.g., "Foil processes X million traces monthly")

The Service, including its design, features, documentation, and underlying technology, is owned by Foil and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or branding.

If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use such feedback without restriction or compensation.

The Service includes AI-powered analysis of your traces for:

• Content quality (hallucination, NSFW, stuck behavior)
• Security issues (prompt injection, PII leakage, jailbreak attempts)
• Custom evaluations you configure

AI evaluations are probabilistic and may produce:

• False positives (flagging acceptable content)
• False negatives (missing problematic content)

You should not rely solely on automated evaluations for critical decisions. Human review is recommended for high-stakes applications.

You may disable evaluations for specific agents or evaluation types through your agent settings.

We target 99.9% uptime for the Service, excluding:

• Scheduled maintenance (announced in advance)
• Emergency maintenance for security or stability
• Factors outside our control (internet outages, DDoS attacks)

Current service status is available at our status page.

Enterprise support with SLAs is available by separate agreement.

We typically perform maintenance during low-traffic periods (weekends, nights UTC). We will provide at least 24 hours notice for maintenance expected to cause downtime.

We do not guarantee that:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Results will meet your requirements

We are not responsible for third-party services (AI providers, payment processors) integrated with the Service. Your use of such services is subject to their respective terms.

FOIL'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The amounts you paid to Foil in the 12 months preceding the claim, or
• One hundred US dollars ($100)

The limitations in this section reflect the allocation of risk between the parties and are an essential basis of the agreement. Foil would not provide the Service without these limitations.

Some jurisdictions do not allow limitation of certain damages. In such cases, the limitations apply to the fullest extent permitted by law.

These Terms are effective when you create an account and continue until terminated.

You may terminate at any time by:

• Cancelling your subscription through the dashboard
• Deleting your account
• Contacting support with a termination request

We may terminate or suspend your account:

• Immediately for violation of these Terms or Acceptable Use Policy
• With 30 days notice for any other reason
• Immediately if required by law

Upon termination:

• Your right to access the Service ends immediately
• We will delete your Customer Data within 30 days (unless legally required to retain)
• Outstanding payment obligations remain due
• Provisions that should survive (IP rights, disclaimers, limitations) continue in effect

Before termination, you may export your data using our API or by contacting support.

Before filing any formal claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

Any dispute not resolved informally shall be resolved by binding arbitration, except that either party may bring claims in small claims court if eligible.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

Any claim arising from these Terms must be brought within one (1) year of the cause of action, or it is permanently barred.

We may modify these Terms at any time. Changes are effective when posted unless otherwise specified.

For material changes, we will provide notice via:

• Email to your registered address
• Prominent notice in the dashboard
• Updated "Last Updated" date

Your continued use of the Service after changes constitutes acceptance. If you disagree with changes, you must stop using the Service and close your account.

These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between you and Foil regarding the Service.

If any provision is found unenforceable, the remaining provisions continue in effect, and the unenforceable provision is modified to the minimum extent necessary.

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

These Terms do not create any agency, partnership, or joint venture between you and Foil.

Notices to you will be sent to the email address on your account. Notices to us should be sent to legal@getfoil.ai.

Neither party is liable for delays or failures due to circumstances beyond reasonable control (natural disasters, war, terrorism, labor disputes, government actions, internet outages, pandemics).

You agree to comply with all applicable export laws and regulations. You may not use the Service if you are located in a sanctioned country or are on any government prohibited party list.

If you are a U.S. government entity, the Service is provided as "commercial computer software" under FAR 12.212 and DFARS 227.7202.

• OTLP ingestion follows OpenTelemetry semantic conventions
• We support both JSON and Protobuf content types
• Spans are attributed to agents based on service.name

• Embeddings are generated using third-party AI services
• Search results are based on semantic similarity, not exact matching
• Embedding generation may be delayed during high load

• You may create custom evaluation criteria using our templates
• Few-shot examples improve evaluation accuracy
• ML models trained on your feedback remain associated with your account

• Maximum file size: 100 MB per upload
• Supported formats vary by category (images, documents, code, etc.)
• Media is stored in AWS S3 with server-side encryption

• Alert delivery depends on third-party services (Twilio, SendGrid, Slack)
• We do not guarantee delivery time or success of notifications
• Rate limiting applies to prevent alert fatigue