Terms of Service

1. Agreement to Terms

By accessing or using the Fhoen website at www.fhoen.com (the "Site") and any related services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Site or Services.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date above. Your continued use of the Site after such changes constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years of age to use our Site and Services. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. Description of Services

Fhoen provides a home awareness technology system that uses sensor-based awareness to detect unusual activity patterns within a home environment. The system operates without cameras and is designed to provide notifications about changes in routine or activity.

Currently, the Site provides information about our upcoming product and allows you to join our early access waitlist. The availability, features, and pricing of our Services may change as we develop and refine our product.

4. Important Disclaimers

4.1 Not a Medical Device

Fhoen is not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease or health condition. Fhoen does not provide medical advice, and its notifications should not be interpreted as medical assessments or diagnoses. Always consult a qualified healthcare professional for medical concerns.

4.2 Not an Emergency Service

Fhoen is not a substitute for emergency services. In case of an emergency, always call your local emergency number (e.g., 911 in the United States). Fhoen does not guarantee immediate detection of all events and should not be relied upon as the sole means of ensuring safety.

4.3 No Guarantee of Results

While we strive to provide reliable and accurate home awareness notifications, we do not guarantee that our system will detect every event or that notifications will be delivered without delay. Environmental factors, technical limitations, and other variables may affect system performance.

4.4 Safety Loop Service Disclaimer

Safety Loop is a free check-in tool provided by Fhoen as a convenience feature. It is not a personal safety device, medical alert system, or emergency response service. By using Safety Loop, you acknowledge and agree to the following:

• Safety Loop relies on third-party telecommunications services (including voice calls and SMS) to deliver check-in calls and notifications. These services may experience outages, delays, or failures beyond Fhoen's control.
• Safety Loop does not contact emergency services (911 or equivalent) on your behalf. If you are in danger, always call emergency services directly.
• Check-in calls and emergency contact notifications may be delayed, fail to connect, or not be delivered due to network issues, phone settings, carrier limitations, or other technical factors.
• Fhoen does not guarantee that Safety Loop will function without interruption, errors, or delays. The service is provided on an "as is" and "as available" basis.
• You are solely responsible for your own personal safety. Safety Loop is intended as a supplementary tool and should never be relied upon as your primary or sole means of ensuring safety during any activity.
• Fhoen, its officers, directors, employees, and agents shall not be held liable for any injury, harm, loss, or damage arising from or related to the use of, or inability to use, Safety Loop — including but not limited to failures in call delivery, notification delays, or service interruptions.
• By using Safety Loop, you assume all risks associated with the activities you perform while using the service.

4.5 Third-Party Service Providers

Fhoen uses third-party service providers for telecommunications, cloud infrastructure, and other operational functions. Fhoen is not responsible for the performance, availability, or reliability of these third-party services. Service interruptions, data loss, or failures caused by third-party providers are beyond Fhoen's control, and Fhoen disclaims all liability arising from such events.

4.6 Assumption of Risk

You understand and agree that no technology, including Fhoen's products and services, can guarantee absolute safety or prevent all incidents. By using any Fhoen product or service, you acknowledge that you assume all risks associated with your activities and environment. Fhoen encourages all users to take appropriate personal safety precautions at all times and to never rely solely on any technology for personal safety.

5. Waitlist and Early Access

By joining our waitlist, you acknowledge and agree to the following:

• Joining the waitlist does not guarantee access to the product or any specific timeline for availability.
• Early access is provided on a first-come, first-served basis and may be subject to geographic or other limitations.
• We may contact you via the email address you provide to share updates about product availability and features.
• You may remove yourself from the waitlist at any time by contacting us at [email protected].
• No payment is required to join the waitlist, and no financial obligation is created by signing up.

6. Device Terms

By purchasing the Fhoen Early Access plan, you acknowledge and agree to the following device terms:

• Includes your device (no $400 upfront). The Fhoen Hub device is provided to you as part of your Early Access subscription. You do not own the device; it remains the property of Fhoen.
• Protection active with subscription. Your device and home awareness service remain active for as long as your subscription is in good standing.
• Cancel anytime — return device if you stop. You may cancel your subscription at any time. Upon cancellation, you must return the Fhoen Hub device within 30 days in reasonable condition. Fhoen will provide a prepaid return shipping label.
• Replacement fee may apply if lost or damaged. If the device is lost, stolen, or damaged beyond normal wear and tear, a replacement fee may be charged to the payment method on file.

7. Consent and Communications

7.1 Explicit Consent (Form Submissions)

When you submit information through any form on our Site — including but not limited to the waitlist signup form, checkout form, or contact form — you are required to provide explicit consent by checking the applicable consent checkbox before submission. By checking the consent checkbox and submitting the form, you:

• Agree to be bound by these Terms of Service and our Privacy Policy.
• Consent to receive email and/or SMS/text message communications from Fhoen regarding your account status, product updates, trial invitations, safety-related alerts, and promotional offers.
• Acknowledge that your consent is recorded with a timestamp for compliance and record-keeping purposes.
• Understand that message and data rates may apply for SMS/text messages, depending on your mobile carrier and plan.

7.2 Deemed Consent (Third-Party Lead Forms)

If you provide your personal information to Fhoen through a third-party platform — including but not limited to Meta (Facebook/Instagram) Lead Forms, Google Lead Forms, or any other advertising or social media platform lead generation form — you are deemed to have consented to these Terms of Service and our Privacy Policy at the time of submission. These third-party platforms have their own privacy policies and terms that govern the collection and sharing of your information with advertisers such as Fhoen.

By submitting your information through any such third-party lead form, you acknowledge and agree that:

• Your information will be shared with Fhoen in accordance with the third-party platform's privacy policy and lead form disclosure.
• Fhoen may contact you via the email address and/or phone number you provided to share product information, updates, and promotional offers.
• You may opt out of communications at any time by contacting us at [email protected] or by using the unsubscribe link in any email.
• Your submission constitutes acceptance of these Terms and our Privacy Policy, equivalent to providing explicit consent on our Site.

7.3 Email Communications

By providing your email address through any form on our Site or through a third-party lead form, you consent to receive the following types of email communications from Fhoen:

• Product updates: Information about new features, product launches, and service improvements.
• Trial and early access invitations: Invitations to participate in beta testing, early access programs, or free trials of Fhoen products and services.
• Safety-related alerts: Important notifications about your Fhoen device, service status, or safety-related information.
• Account and order updates: Transactional messages including order confirmations, shipping notifications, and account activity.
• Promotional offers: Special discounts, referral programs, and limited-time offers related to Fhoen products.

7.4 SMS/Text Message Communications

By providing your phone number through any form on our Site or through a third-party lead form, you consent to receive SMS/text messages from Fhoen. These messages may include:

• Safety check-ins: Automated messages to verify your safety status or confirm system alerts.
• Product updates and trial invitations: Notifications about new features, early access opportunities, and trial programs.
• Order and delivery updates: Shipping confirmations, delivery notifications, and order status changes.
• Promotional messages: Special offers, discounts, and referral program updates.

Message frequency: Message frequency varies based on your account activity and preferences. You may receive up to 4 messages per month for promotional content, plus transactional messages as needed.

Message and data rates may apply. Standard messaging rates from your wireless carrier may apply to SMS/text messages sent and received. Fhoen is not responsible for any charges incurred from your mobile carrier.

Supported carriers: SMS services are available on most major U.S. carriers including AT&T, T-Mobile, Verizon, and others. Carrier support may vary.

No third-party sharing: Mobile numbers collected for SMS verification will not be shared with third parties for marketing purposes.

7.5 Opt-Out Rights

Regardless of how your consent was obtained, you have the right to opt out of non-essential communications at any time:

• Email: Click the "Unsubscribe" link at the bottom of any marketing email from Fhoen, or contact us at [email protected].
• SMS/Text: Reply STOP to any text message from Fhoen to immediately stop receiving SMS communications. Reply HELP for assistance.
• Phone calls: Request to be removed from our call list during any phone conversation, or email us at [email protected].

Please note that opting out of marketing communications does not affect transactional or service-related messages (e.g., order confirmations, account updates, safety alerts, or security notifications). These essential communications will continue as long as you maintain an active account or subscription with Fhoen.

8. User Conduct

You agree not to:

• Use the Site or Services for any unlawful purpose or in violation of any applicable laws.
• Submit false, misleading, or fraudulent information.
• Attempt to gain unauthorized access to our systems, servers, or databases.
• Interfere with or disrupt the operation of the Site or Services.
• Use automated systems (bots, scrapers, etc.) to access the Site without our written permission.
• Reproduce, distribute, or create derivative works from our content without authorization.

9. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, software, and the overall design and layout, is the property of Fhoen or its licensors and is protected by copyright, trademark, and other intellectual property laws.

The Fhoen name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fhoen. You may not use such marks without our prior written permission.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FHOEN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

11. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fhoen and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site or Services, your violation of these Terms, or your violation of any rights of a third party.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Site shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fhoen regarding your use of the Site and Services, and supersede all prior agreements, understandings, and communications, whether written or oral.

16. Contact Us

If you have any questions about these Terms of Service, please contact us: