Foggie Payment Policy

Version: October 17, 2022

Please read this Payment Policy, which is a part of the Terms and Conditions (collectively with the Privacy Policy, the “Terms”) carefully before using the Foggie software, web or mobile applications (“Foggie”), or any associated product or services. Any defined term not defined in this Payment Policy has the meaning assigned to it elsewhere in the Terms.

1. Payments

All prices, discounts, and promotions posted on or through Foggie, the Services, or any associated website or mobile application are subject to change without notice. The price charged for the Services selected by you will be the price advertised on or through Foggie, the Services, or any associated website or mobile application at the time the order is placed, subject to the terms of any promotions or discounts, your geographical location or residence, and chosen payment method (the “Price”). You will be charged the price advertised at the time you complete the payment process.
If we increase or change the Price, that increase will only apply to purchases made after the date the increase comes into effect. The Price may not include applicable discounts or taxes until the payment information is fully completed by you. We strive to display accurate information about the Price, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to the Price and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
You must initiate payment for the charges related to the specific Services you select or other products or services provided through Foggie or the Services when submitting the order. If you do not complete this payment to our satisfaction, we will not provide you with the Services you requested.
You can use any available and the most convenient payment method currently available through Foggie or the Services for all purchases. However, Fog Works, Inc. does not guarantee the availability of any payment method at any moment. Fog Works, Inc. may add, remove or suspend any payment method temporarily or permanently by its own discretion.
Any payments you make through Foggie and the Services may be subject to applicable state, federal, or other tax. You are solely responsible for payment of any applicable tax, whether local, state, federal, international, or other. Fog Works, Inc. is not liable for any failure by you or any other person to pay taxes.
You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honored by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted through Foggie or the Services at the time of your order.
You understand that you are purchasing the Services from us via a payment service provider (“PSP”). Unless otherwise required by law, you are obligated to contact our support service for any issues related to payment transactions before contacting the PSP or financial institution.
Using the Foggie or accessing the Services via the internet may lead to incurring costs that you will have to pay to your service provider.

2. Subscriptions

If you have an Account and authorize us to make recurring payments for certain Services (a “Subscription”), we will automatically renew your Subscription from the beginning of the applicable billing period. You irrevocably authorize and instruct us to make the required monthly payments to Fog Works, Inc. on your behalf. Automatic renewal occurs on the first day after the expiration date. You understand that you are purchasing the Subscription via a PSP.
You must keep your Subscription information complete and up to date. Failure to keep payment information updated may result in payment failure and lead to closure of your Account and loss of User Content stored on Foggie. We are not liable for any such Account closure or loss of User Content.
If your automatic payment for a Subscription is returned or fails for any reason, including lack of funds or a stop payment order by your financial institution, we may cancel or suspend your Account or access to the Services in our sole and absolute discretion. For more information on termination, please refer to Section 5 of the Foggie Terms and Conditions. You accept that accounts cancelled for payment failure may not be revived or recovered. We expressly disclaim any liability for account closure due to payment failure.

3. Cancellations, Returns, and Refunds

Unless otherwise required by applicable law, we have no obligation to provide a refund, exchange, return, or a credit. Due to the nature of Foggie and the Services as a digital product, no refunds, exchanges, return, or a credit are granted without clear, justified and legitimate reasons. We will assess any refund request for fees payable in advance on its merits and in our sole and absolute discretion.
Except as otherwise set out in this Payments Policy, all sales are final, non-refundable, and as-is, with no warranties of any kind, including warranties of quality and fitness for a particular purpose.
To request a refund, exchange, return, or a credit, please contact us at [email protected]. Absolutely no refunds, exchanges, returns, or credits will be granted solely on the basis of non-use or a change in the availability of certain Services.
To cancel your Services or Subscription, please contact us at [email protected]. Any such cancellation will be granted immediately upon receipt, however, you may be permitted to access remaining Services or Subscription, in our sole and absolute discretion and subject to availability of any such Services or Subscription.

You have the right to cancel a purchase of Services for a refund within a period of 14 days. Once you have initiated the process to refund your purchase, you will no longer have the right to access to any Services.