Terms of Service

The agreement

These Terms of Service ("Terms") are a binding legal agreement between you and 5000fish, Inc. ("5000fish", "we", "us", "our"), a Nevada corporation, governing your access to and use of the DashboardFox cloud-hosted platform and related services ("Service").

By registering for an account, starting a trial, or using the Service, you agree to these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, do not use the Service.

Use of the marketing website

These Terms also govern your use of the DashboardFox marketing website at dashboardfox.com, including all pages, content, and resources available at that domain. You do not need an account to browse the marketing website, but by doing so you agree to these Terms and our Privacy Policy.

The content on dashboardfox.com — including feature descriptions, pricing information, documentation, and blog posts — is provided for general informational purposes. We aim to keep it accurate but make no warranty as to its completeness or fitness for any particular purpose. Pricing and feature details are subject to change; the management portal at the time of purchase is the authoritative source for current plan features and pricing.

Use of the marketing website is subject to our Cookie Policy. A consent banner will ask for your preferences before any non-essential cookies are set.

Automated scraping, crawling, or harvesting of content from dashboardfox.com without our prior written consent is prohibited.

Definitions

The following terms are used throughout this agreement:

• Agency — the top-level account entity in the management portal, owned by the Agency Owner. An Agency may contain a single Workspace or multiple Workspaces. A customer operating a single Workspace is the Agency Owner of that Agency.
• Agency Owner — the individual who registered the Agency and holds primary contractual and billing responsibility.
• Workspace — a dedicated, isolated DashboardFox environment (with its own database) provisioned under an Agency. Each Workspace runs independently and is accessed via its own subdomain or custom domain.
• Management Portal — the administrative interface at my.dashboardfox.app (US) or my-eu.dashboardfox.app (EU) used to manage Workspaces, billing, team members, and account settings.
• Monthly Active User (MAU) — any user who logs in to a Workspace at least once during a calendar billing month. Scheduled report recipients who receive emailed reports without logging in are not counted as MAU.
• Agency Team Member — a user invited by the Agency Owner to access the Management Portal. Members may be granted either full member access (all technical functions across all Workspaces) or billing member access (billing and subscription functions only).
• Customer Data — all data, reports, report definitions, dashboards, configurations, data source credentials, and imported data that you or your users submit to or create within the Service.
• Workspace User — a user created within a Workspace who accesses DashboardFox through that Workspace's interface, not through the Management Portal.

Scope & self-hosted exclusion

These Terms apply to both the DashboardFox marketing website (dashboardfox.com) and the cloud-hosted DashboardFox service operated by 5000fish, Inc. at my.dashboardfox.app, my-eu.dashboardfox.app, and customer Workspace domains ([slug].dashboardfox.app and custom domains). The section above covers marketing website use specifically; the remainder of these Terms governs use of the cloud-hosted service.

Self-hosted and on-premise deployments of DashboardFox are not covered by these Terms and are governed by a separate perpetual license agreement. Using a self-hosted deployment does not constitute acceptance of these Terms.

Account registration & responsibilities

To use the Service, you must register for an account. You agree to provide accurate and complete information at registration and to keep that information current.

Accounts are personal and non-transferable. Each account must be used only by the individual to whom it is registered. Sharing login credentials between multiple individuals is not permitted. You are responsible for all activity that occurs under your account and for maintaining the security of your password and authentication credentials.

You must be at least 18 years of age to register for an account. By registering, you represent that you meet this requirement.

You are responsible for ensuring that all users you invite to your Agency or Workspaces comply with these Terms. Agency Owners are responsible for the actions of their Agency Team Members and Workspace Users.

5000fish may identify you as a customer on its website and in marketing materials. You may opt out of this at any time by notifying us at [email protected].

Subscription & billing

Plans and pricing

The Service is available on subscription plans — Starter, Growth, Scale, and Enterprise — as described on our pricing page. Plans are billed either monthly or annually. Annual plans are billed at a 20% discount and represent a one-year commitment.

Add-ons (additional MAU packs, Public View Licenses, custom domains, and branding policies) may be purchased on top of any plan and are billed at the same frequency as the underlying plan.

Billing cycles and renewal

Subscriptions begin on the date you activate a paid plan and renew automatically — monthly plans on the same date each month, annual plans on the same date each year — unless cancelled before the renewal date. You authorise us to charge your payment method on file for each renewal period.

Upgrades and downgrades

You may upgrade your plan at any time. Upgrades take effect immediately and you will be charged a prorated amount for the remainder of the current billing period. Plan downgrades take effect at the end of the current billing period.

When you make changes to your subscription (upgrade, downgrade, add or remove add-ons) that result in a credit within a billing profile, that credit will be applied to future charges within the same billing profile. Credits are not transferable between different billing profiles and are not redeemable for cash or refunds.

Price changes

We may change subscription prices from time to time. We will provide at least 30 days' written notice to monthly subscribers and at least 60 days' written notice to annual subscribers before any price increase takes effect, delivered to the email address on file. Continued use of the Service after the notice period constitutes acceptance of the new pricing.

Payment

All fees are stated in US dollars and are exclusive of applicable taxes. You are responsible for all taxes, duties, and levies applicable to your subscription. We use PCI-compliant third-party payment processors (Stripe, Authorize.net, Chargebee) to handle payment card data. We never store full payment card numbers.

If payment fails, we will attempt to notify you and retry the charge. Continued failure to pay may result in suspension of your account after a grace period, followed by termination and deletion of your data in accordance with our Data Retention Policy.

When access is suspended due to a failed payment, expired trial, or subscription lapse, it can only be restored by a user with the billing admin role resolving the issue from within the management portal's subscription and billing area. Support cannot override a suspension or restore access on your behalf. If you are unsure who holds the billing admin role on your account, contact [email protected].

Monthly active users & fair use

Your subscription plan defines your Monthly Active User (MAU) limit. You may create as many user accounts as you need — only users who log in during a billing month count toward your MAU limit. The MAU counter resets at the start of each billing month.

Scheduled report recipients who receive emailed reports and never log in do not count as MAU on any plan.

If your MAU usage consistently exceeds your plan limit, we will contact you to discuss upgrading your plan or adding MAU packs. We do not impose automatic lockouts for occasional limit overages, but we reserve the right to suspend access if excessive overuse persists after notice.

Your plan tier also defines infrastructure capacity — concurrent scheduled jobs, API endpoints, Public View Report licenses, and related limits. All platform limits are documented on the pricing page. Use of the Service must remain within the reasonable operating parameters of your tier. Detailed fair use guidelines are published in our Fair Use Policy.

Refunds & cancellation

We offer a full refund on any paid subscription within the first 30 days of your initial purchase. After 30 days, all fees are non-refundable.

To request a refund within the 30-day window, contact [email protected] from the email address on your account.

When you cancel a paid subscription, your plan remains active through the end of the current billing period and is not renewed. There are no partial-period refunds after the 30-day window. Annual subscribers who cancel mid-year retain access through the end of their paid year but will not receive a refund for unused months.

Following cancellation or expiry, your Workspace data is retained for up to 30 days and then permanently deleted in accordance with our Data Retention Policy. You should export any data you need before cancelling.

Lifetime deal codes

From time to time, 5000fish may offer one-time purchase codes ("Lifetime Deal Codes" or "LTD Codes") that provide ongoing access to the Service without a recurring subscription. These terms govern all LTD Code purchases.

What "lifetime" means

A Lifetime Deal Code entitles you to access the Service for as long as DashboardFox Cloud exists as an active product — with no recurring payments on your LTD Codes. "Lifetime" refers to the life of the product, not the purchaser's lifetime. If the Service were ever discontinued, we would provide at least 90 days' written notice and full data export capabilities so you are never left without your data.

Codes, tiers, and stacking

Each LTD Code adds a defined increment of capacity to a single Workspace instance. The total number of codes applied to an instance determines the feature tier (Starter, Growth, or Scale) and infrastructure capacity of that instance, as described on the lifetime deal purchase page at the time of purchase. Tier mappings and per-code limits are locked at the time of the deal and do not change retroactively.

LTD Codes may be stacked on a single instance or distributed across multiple instances. Once a code is applied to an instance, it is permanently bound to that instance and cannot be moved, reassigned, or reused. If an instance is deleted, the codes applied to it are forfeited. Plan your allocation carefully before redeeming.

Instance transfer

While codes cannot be moved between instances, ownership of an entire instance — including all applied codes — may be transferred to another party (for example, transferring a configured Workspace to a client). The receiving party assumes full responsibility for the instance and all applicable terms from the date of transfer.

What is included and what requires your own services

LTD Codes include all current features at your tier, all future updates and improvements to those features, and continued hosting and infrastructure. Certain features require external services with ongoing per-use costs that cannot be absorbed in a one-time purchase: AI features require a Bring Your Own Key (BYOK) arrangement with an AI provider of your choosing, and email delivery for scheduled reports may require a Bring Your Own SMTP (BYOSMTP) configuration. These are not limitations — emails sent from your own domain are better for white-label branding and deliverability.

Expanding beyond your LTD limits

LTD holders have four options to expand capacity: (a) LTD-specific one-time add-on packs purchaseable in-app, which increase specific limits without changing your tier; (b) adding a standard subscription on top of your LTD, which combines limits and uses the higher of the two feature tiers — your LTD baseline is preserved if the subscription is cancelled; (c) purchasing additional codes during an active code sale period, if available; or (d) earning add-on credits through the Review Incentive Program by writing honest reviews on approved third-party review platforms, subject to the Review Incentive Program Terms.

Refunds on LTD Codes

LTD Code purchases are eligible for a full refund within 30 days of purchase. After 30 days, all LTD Code purchases are final and non-refundable. To request a refund within the 30-day window, contact [email protected] from the email address associated with your purchase.

Code resale

LTD Codes are issued for personal or business use by the purchaser. Resale, transfer, or brokering of unused LTD Codes to third parties is not permitted. Codes obtained through resale may be deactivated at our discretion. This restriction applies to codes only — transfer of an entire Workspace instance (including its applied codes) to a client or third party remains permitted as described above.

Future features that incur delivery costs

LTD Codes include all current features at your tier and future improvements to those features. However, any feature that requires 5000fish to incur a direct, ongoing per-use third-party cost to deliver — regardless of the number of codes held or tier unlocked — is excluded from LTD Code entitlements. Such features will be offered to LTD holders on a Bring Your Own Key (BYOK) basis or as a separately priced add-on.

AI-powered features are a confirmed example of this category. When AI features are introduced, they will require a Bring Your Own Key arrangement with an AI provider of your choosing (such as OpenAI or Anthropic). DashboardFox will provide the integration; you control and pay for your own API usage directly. This applies to all LTD holders regardless of tier or code count. Subscription plan holders will have separate AI credit arrangements defined at the time of feature launch.

Email delivery for scheduled reports is similarly structured: LTD holders use their own SMTP provider (Bring Your Own SMTP). Emails delivered through your own domain are better for white-label branding and deliverability in any case.

Acquisition and continuity

If 5000fish, Inc. is acquired by or merges with another entity, 5000fish will use commercially reasonable efforts to have the acquiring entity honor existing LTD Codes on their current terms. However, 5000fish cannot guarantee that an acquirer will do so, and makes no binding representation on behalf of any future acquiring entity.

If, following an acquisition, the acquiring entity elects not to honor existing LTD Codes, registered LTD instance owners may request a partial refund calculated as follows: the original purchase price of each code ($99 per code) less straight-line amortization at a rate of $1.65 per code per month from the date of original purchase, with a minimum refund of $0 per code. Codes held for 60 months or more have no remaining refund value.

Refund eligibility is limited to the registered Agency Owner of record for each instance at the time acquisition notice is issued — one claim per instance, covering all codes applied to that instance. Claims based on original purchase receipts for codes that have since been transferred to another instance owner are not eligible. Refund requests must be submitted to [email protected] within 90 days of the date acquisition notice is issued. Claims submitted after this window will not be honored. Notice will be delivered to the email address on file for each registered Agency Owner.

Partner & referral programs

5000fish offers and plans to offer partner and referral programs that allow participants to earn credits or revenue share by referring new customers to DashboardFox. Two distinct programs are available or forthcoming:

• In-app referral program — account holders may share a referral link. When a qualifying new customer signs up using that link, both the referrer and the new customer receive a flat account credit. Specific credit amounts and qualifying conditions are displayed in-app and may change over time.
• Affiliate / partner program — an approval-based program for agencies, consultants, and content creators who refer customers at scale. Approved partners earn a recurring revenue share percentage on qualifying paid subscriptions they refer, for as long as those customers remain active. Program terms, approval criteria, payment mechanics, and revenue share rates are governed by a separate Partner Program Agreement provided at the time of enrollment.
• Review Incentive Program — a program under which eligible customers who have redeemed one-time purchase codes may receive free product add-ons in exchange for publishing honest reviews on approved third-party review platforms. Full participation rules, eligibility criteria, and submission requirements are published in the Review Incentive Program Terms.

Program participation is subject to the specific terms of each program. Credits earned through the in-app referral program have no cash value and may only be applied to future DashboardFox subscription charges. Revenue share earned through the affiliate program is subject to the payment terms in the Partner Program Agreement. 5000fish reserves the right to modify or discontinue either program at any time with 30 days' notice to active participants.

Your data

You retain full ownership of all Customer Data you submit to or create within the Service. We claim no rights to your data, your report definitions, your database schemas, or the data sources you connect.

You grant us a limited, non-exclusive license to store, process, and transmit Customer Data solely as necessary to provide the Service to you. We do not use your Customer Data for any other purpose — including training AI or machine learning models, advertising, or benchmarking.

We use anonymised and aggregated usage data (such as feature usage patterns, Monthly Active User counts, and platform performance metrics) to improve the Service. This data does not identify you or your users individually and is not shared with third parties in identifiable form.

If you use our SMTP gateway (via Maileroo) to send scheduled email reports, the email addresses of your report recipients pass through our email delivery infrastructure solely for the purpose of delivering those reports. We do not use recipient email addresses for any other purpose. You may use your own SMTP server instead — configuration instructions are available in the product documentation.

Each Workspace runs in a dedicated, isolated database. Data from one Workspace cannot be accessed by users of another Workspace, and a security incident in one Workspace cannot affect another.

On cancellation or termination, we will make a copy of your Workspace database available for export for 30 days. This includes your report definitions, user configuration, and semantic layer. It does not include source database data, which remains in your own database and is unaffected by cancellation.

Administrative access

As the operator of a hosted service, 5000fish maintains access to the infrastructure on which your Workspace runs. This section explains what that means in practice and how we limit its use.

Infrastructure and system-level access

5000fish administers the underlying servers, databases, networking, and backup systems that power DashboardFox. This includes routine operations such as platform upgrades, security patches, performance monitoring, backup verification, and system log review. We also have access to database-level audit tables stored within your Workspace database for support and security investigation purposes. This infrastructure access is inherent to operating a hosted service and is necessary to maintain reliability, security, and compliance. It does not constitute entering your Workspace as a user.

Workspace-level super admin access

Separately, 5000fish maintains encrypted super-administrative credentials that allow us to log in to your Workspace as an administrative user. This access capability exists for the following specific purposes only:

• Subscription and license management (applying tier changes, provisioning, and deprovisioning)
• Administrator account creation and password reset at your request
• Syncing pre-built application templates and content
• Customer support, where you have requested assistance that requires workspace-level access
• Security incident investigation, where access is required to assess or contain a suspected breach or data integrity issue

Super admin credentials are encrypted. Decrypting and using them requires our internal support tools, and every access event — including the stated reason — is recorded in our audit logs. We will not log in to your Workspace except for the purposes listed above. Access may also occur where required by applicable law or legal process.

By using the Service, you acknowledge and consent to both the infrastructure access described above and the workspace-level super admin access capability for the stated purposes.

Authorization required for support access

Where resolving a support issue requires 5000fish to log in to your Workspace or modify your account configuration, we will request explicit written authorization from the Agency Owner before doing so. We will not act on access requests from Agency Team Members or Workspace Users alone. Every authorized access event is recorded in our audit logs with the stated reason.

Agency owner responsibility for workspace end user support

Agency owners are responsible for providing first-line support to Workspace Users who access DashboardFox through their Workspace. 5000fish provides no direct SLA commitments to Workspace Users. Many common Workspace User requests — including password resets, permission changes, and feature access — require action by the Workspace administrator and cannot be fulfilled by 5000fish support without agency owner authorization.

Where a Workspace User contacts 5000fish directly, we will assist where reasonably possible but are not obligated to do so and will not take actions on their account without authorization from the Agency Owner. Agency owners who operate white-labeled Workspaces are expected to be the primary support contact for their clients' users.

Acceptable use

Your use of the Service is governed by our Acceptable Use Policy ("AUP"), which is incorporated by reference into these Terms. By using the Service, you agree to the AUP. The AUP covers permitted uses, agency and white-label use, prohibited conduct, intellectual property restrictions, content standards, and security responsibilities.

Enforcement

For violations that are severe — including illegal activity, introduction of malware, deliberate infrastructure attacks, or content that presents an immediate risk of harm — we may suspend or terminate your account immediately without notice.

For other violations — including fair use overages, policy breaches, or prohibited uses that do not pose immediate risk — we will provide written notice and a 30-day cure period. If the violation is not remedied within that period, we may suspend or terminate your account.

We will not be liable to you for any suspension or termination made in good faith in accordance with this section.

Intellectual property

The DashboardFox platform, including its software, design, documentation, trademarks, and all content created by 5000fish, is owned by 5000fish, Inc. and protected by intellectual property laws. These Terms do not grant you any rights in our intellectual property except the limited right to use the Service as described herein.

You retain all intellectual property rights in your Customer Data, report definitions, and configurations. Nothing in these Terms transfers ownership of your data or work product to us.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation to you.

Privacy & data protection

Our collection and use of personal data is governed by our Privacy Policy. By using the Service, you agree to our Privacy Policy.

For customers subject to GDPR or other data protection regulations that require a formal data processing agreement, our Data Processing Agreement is incorporated by reference into these Terms. The DPA governs the processing of personal data that you, as data controller, submit to the Service.

Uptime & service levels

We aim to provide a reliable, high-availability service. Our uptime commitments, incident response procedures, maintenance windows, and any associated remedies are set out in our Service Level Agreement, which is incorporated by reference into these Terms for customers on plans that include an SLA commitment.

Scheduled maintenance, emergency patches, and events outside our reasonable control (force majeure) are excluded from uptime calculations as described in the SLA.

Supported environments

The Service is designed and tested for use with current and recent versions of major web browsers — Chrome, Firefox, Safari, and Edge. We do not guarantee compatibility with deprecated browser versions, unofficial browser forks, or non-standard environments. Where an issue cannot be reproduced in a supported browser, we may ask you to do so before investigating further.

The DashboardFox API is accessed over HTTPS. API clients must support TLS 1.2 or higher. Connections using deprecated protocol versions may be refused.

Warranties & disclaimers

We warrant that we will provide the Service with reasonable skill and care and in material conformance with its documentation.

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available". We disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected.

You are responsible for maintaining adequate backups of any data that you import into the Service independently of our backup infrastructure.

Limitation of liability

To the maximum extent permitted by applicable law, 5000fish's total cumulative liability to you arising from or relating to these Terms or the Service — whether in contract, tort (including negligence), strict liability, or otherwise — will not exceed the greater of (a) the total fees paid by you to 5000fish in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars (USD $100).

In no event will either party be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, even if advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless 5000fish, Inc., its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your Customer Data; (c) your violation of any applicable law or third-party right; or (d) any dispute between you and your users or customers.

Termination

You may terminate your account at any time by cancelling your subscription from within the Management Portal or by contacting us at [email protected].

We may suspend or terminate your account immediately for severe violations as described in the Acceptable Use section, or with 30 days' notice for other material breaches that are not cured within the cure period.

We may also terminate the Service entirely on 60 days' written notice to all customers. In such an event, we will provide a prorated refund of any prepaid fees for the period after termination.

Upon termination for any reason, your right to access the Service ceases. Your Workspace data will be retained for up to 30 days and then permanently deleted from live systems. Encrypted backup copies may retain residual data for up to 90 days thereafter, consistent with our Data Retention Policy. Sections of these Terms that by their nature should survive termination — including intellectual property, limitation of liability, indemnification, and dispute resolution — will survive.

Disputes & governing law

These Terms are governed by the laws of the State of Nevada, United States, without regard to its conflict of law provisions.

Informal resolution

Before initiating any formal dispute process, you agree to contact us at [email protected] and give us 30 days to attempt to resolve the issue informally.

Binding arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If the AAA is unavailable or declines to administer the arbitration, the parties will mutually agree on an alternative arbitrator, or either party may seek resolution in the state or federal courts located in Nevada.

Class action waiver

You and 5000fish agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this waiver is found unenforceable, the arbitration clause above will not apply to that claim.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights.

Changes to these terms

We may update these Terms from time to time. For material changes — changes that affect your rights or obligations in a significant way — we will notify Agency Owners by email at least 30 days before the changes take effect. Non-material clarifications may be made without advance notice.

If you do not agree to the updated Terms, you may cancel your subscription before the effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

General

Entire agreement. These Terms, together with the Acceptable Use Policy, Privacy Policy, Data Processing Agreement (where applicable), and Service Level Agreement (where applicable), constitute the entire agreement between you and 5000fish regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you. Lifetime Deal Code holders should refer to the Lifetime Deal Codes section for specific terms governing acquisition scenarios.

Force majeure. Neither party will be liable for any failure or delay in performance due to causes beyond their reasonable control, including natural disasters, acts of government, internet or infrastructure failures, or other force majeure events.

Notices. Notices from us to you will be delivered to the email address on your account. Notices from you to us should be sent to [email protected] or by mail to: 5000fish, Inc., 2201 Cooperative Way Drive, STE 600, Herndon, VA 20171, United States. Notices are effective on the date received.

No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.