MyFOIA.ai — User Agreement and Terms of Service

Effective: May 2, 2026  |  Version 2.1  |  Replaces all prior versions

1. Description of Services

MyFOIA.ai is a web-based platform assisting individuals in creating, submitting, tracking, and managing Freedom of Information Act (FOIA) and Privacy Act (PA) requests to U.S. government agencies. Services include:

• AI-assisted FOIA/PA request letter generation (powered by xAI Grok and other AI providers);
• Document upload, storage, OCR, and AI-assisted document analysis;
• Agency tracking, status monitoring, and next-action recommendations;
• Administrative appeal and OGIS mediation draft generation;
• Optional AI Managed Mode — automated proxy email correspondence with agencies (requires separate per-request consent);
• FOIA fee waiver credential management and AI-generated waiver arguments;
• Attorney referral information (informational only — not legal representation);
• Certified USPS mail submission of FOIA requests to federal and state agencies.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years of age and legally capable of entering a binding contract. Services are intended for use within the United States.

2.2 Account Information Accuracy

You agree to provide accurate, current, and complete information at registration — including your full legal name, email address, mailing address, and optionally a recovery phone number. You agree to update your information promptly if it changes. Providing false information is grounds for immediate termination.

2.3 Recovery Phone Number

You may optionally provide a recovery phone number at registration or in your User Profile. This number is used exclusively for account security: to verify your identity and facilitate account recovery if you are locked out or lose access to your registered email. Your recovery phone number will never be used for marketing, shared with third parties, or disclosed to government agencies. By providing a recovery phone number, you consent to receive security-related SMS messages from MyFOIA.ai at that number.

2.4 One Account Per User

You may maintain only one active account. Creating multiple accounts to circumvent restrictions or evade suspensions is prohibited and grounds for permanent termination of all associated accounts.

2.5 Account Security

You are solely responsible for the confidentiality of your password and all activities under your account. Notify us immediately at support@myfoia.ai if you suspect unauthorized access.

3. Account Security, Login Attempts, and Lockout Policy

3.1 Login Attempt Monitoring

MyFOIA.ai records all login attempts — both successful and failed — including date, time, IP address, browser/device information, and failure reason. This data is retained for a minimum of 90 days for security and fraud prevention purposes.

3.2 Automatic Account Lockout

Your account is automatically locked after 5 consecutive failed login attempts within a 15-minute window. During a lockout:

• A clear lockout message identifies the lockout duration (30 minutes from the final failed attempt);
• Further login attempts are rejected until the lockout expires or you complete account recovery;
• A notification with a recovery link is sent to your registered email address.

3.3 Account Recovery Options

If your account is locked, recover access through: (1) an email recovery link sent to your registered email; (2) an SMS one-time code sent to your recovery phone number if provided; or (3) contacting support@myfoia.ai with identity verification. We reserve the right to require additional verification for accounts showing suspicious activity.

3.4 Suspicious Activity

We may temporarily suspend an account pending investigation if login patterns suggest unauthorized access, credential stuffing, or brute-force attacks, even before the standard lockout threshold is reached.

4. User Permissions and Authorizations

By using the Services, you authorize MyFOIA.ai to: store, process, and transmit your data using secure cloud infrastructure (including AWS S3 and a hosted PostgreSQL database); submit your documents to AI processing for analysis and document management; transmit your request details and personal information to AI models to generate letters and recommendations on your behalf; and generate and store documents, emails, and records associated with your requests.

We do not sell your personal data. Anonymized, aggregated data may be used to improve Service quality. You may revoke these authorizations by deleting your account; data already transmitted to government agencies cannot be recalled.

5. FOIA/PA Requests — Scope, Limitations, and No Legal Advice

MyFOIA.ai assists in preparing and tracking FOIA/PA requests. We make no representation that any request will be granted, that records exist, that agencies will comply within statutory deadlines, or that fee waivers will be approved. Agency decisions are within the agencies' discretion subject to applicable law.

You are responsible for reviewing all AI-generated correspondence before submission. Submitting false information in a FOIA/PA request may violate federal law (18 U.S.C. § 1001). Fee waiver arguments are based on the credentials you provide; providing materially false credential information to obtain a fee waiver may constitute fraud. AI-generated appeal letters and OGIS mediation drafts are starting points for your review, not final legal documents.

6. AI Features — Limitations and No Guarantee of Accuracy

AI-generated content may contain errors, omissions, outdated legal citations, or inaccurate facts. Always review AI-generated content before submitting it. AI document analysis and recommendations are probabilistic and may be incorrect. AI models may experience outages causing delays. MyFOIA.ai is not responsible for any loss or adverse agency action resulting from reliance on AI-generated content without independent verification.

7. Proxy Email and AI Managed Mode

When AI Managed Mode is enabled on a specific request, MyFOIA.ai assigns a unique proxy email address for that request's correspondence. All agency replies to that address are received, processed, and stored by MyFOIA.ai on your behalf. Activation of AI Managed Mode requires your separate, explicit consent through the AI Managed Mode Agreement presented at activation — this User Agreement does not itself authorize Managed Mode. When Managed Mode is active, MyFOIA.ai sends correspondence to government agencies in your name from your proxy address; you remain legally responsible for all communications sent on your behalf.

8. Data Collection, Storage, and Privacy

8.1 Data We Collect

Account registration information (name, email, address, phone, recovery phone); FOIA request details and uploaded documents; agency correspondence received at proxy email addresses; login attempt records (IP address, timestamps, device information); usage data and AI prompt logs; and payment information processed by Stripe (we do not store full payment card numbers).

8.2 Data Retention

• Account data: Duration of account plus 3 years post-deletion.
• FOIA records and documents: 7 years to support appeal and litigation timelines.
• Login attempt records: 90 days minimum; extended if suspicious activity is flagged.
• AI prompt logs: 12 months for system improvement and debugging.
• Payment records: As required by applicable financial regulations (minimum 7 years).

8.3 Security and Privacy Rights

We implement AES-256 encryption at rest, TLS 1.2+ in transit, and access controls. You have the right to request access, correction, or deletion of your personal data. California residents have additional CCPA rights. Contact privacy@myfoia.ai; we respond within 30 days.

8.4 Third-Party Services

We use Amazon Web Services (storage and infrastructure), xAI (AI model), Postmark (email delivery), and Stripe (payments). Each provider's practices are governed by their own policies. We are not responsible for third-party data practices.

9. User Obligations and Prohibited Conduct

Prohibited conduct includes: submitting FOIA/PA requests with materially false information; attempting unauthorized access to the Services or other accounts; reverse engineering or scraping the Services; uploading malicious content; creating multiple accounts to evade restrictions; using AI-generated content to misrepresent your identity or qualifications to government agencies; and submitting frivolous or bad-faith FOIA requests. Violations may result in immediate account termination and may be reported to appropriate authorities.

10. Intellectual Property

All platform software, design, code, and branding are owned by MyFOIA.ai or its licensors. You retain ownership of content you upload, granting MyFOIA.ai a non-exclusive license to use it solely to provide the Services. MyFOIA.ai makes no ownership claim over AI-generated outputs based on your specific inputs.

11. Fees, Subscriptions, and Refunds

Paid subscriptions are billed monthly through Stripe at the rates displayed at the time of purchase. Current plans: Standard ($19.99/mo), Professional ($39.99/mo), Enterprise ($149.99/mo). Fees are non-refundable except as required by law or as described in our Refund Policy. We reserve the right to change pricing with 30 days' notice to your registered email. Continued use after a price change constitutes acceptance of new pricing.

12. Disclaimers of Warranties

13. Limitation of Liability

14. Indemnification

You agree to defend, indemnify, and hold harmless MyFOIA.ai, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, and fees (including reasonable attorneys' fees) arising out of: your use of the Services; FOIA/PA requests submitted through the platform; your uploaded content; your violation of this Agreement; or your violation of any law or the rights of any third party.

15. Termination and Account Deletion

You may delete your account at any time from your User Profile; personal information will be handled per Section 8.2. We may suspend or terminate your account for violation of this Agreement, fraudulent or illegal activity, extended inactivity (over 24 months), or discontinuation of the Services. Upon termination, access ceases immediately and AI Managed Mode authorizations are revoked. Sections 12–14 and 16 survive termination.

16. Dispute Resolution, Arbitration, and Governing Law

This Agreement is governed by the laws of the Commonwealth of Virginia. Before initiating any formal proceeding, contact support@myfoia.ai and attempt informal resolution for at least 30 days. Unresolved disputes shall be settled by binding arbitration administered by the AAA under its Consumer Arbitration Rules, in Fairfax County, Virginia (or remotely by mutual agreement). The arbitrator's decision is final and binding.

Class Action Waiver: You waive any right to participate in a class action, class arbitration, or representative proceeding against MyFOIA.ai. All disputes must be brought individually. Either party may seek emergency injunctive relief in Fairfax County courts to prevent irreparable harm pending arbitration.

17. Changes to This Agreement

We may modify this Agreement at any time. We will provide at least 14 days' advance notice of material changes via email and/or platform notice. Continued use after the effective date constitutes acceptance. If you do not agree to changes, stop using the Services and delete your account.

18. Contact Information

• General Support: support@myfoia.ai
• Privacy / Data Requests: privacy@myfoia.ai
• Security / Account Issues: security@myfoia.ai
• Mailing Address: Zhao Boerner, 910 17th St NW, 5th Floor Suite 23, Washington, DC 20006