Terms of Service

(Effective Date: October 1, 2018)

Foretop, Inc. (“Company,” “we”, “us” or “our”) maintains these Terms of Service (“TOS”) that describes the terms and conditions applicable to the use of our [https://app.foretop.ai] web service, including the content related thereto, made available https://foretop.ai and other Company-operated internet sites (each, a “Site” and collectively, the “Sites”), and software and applications for personal computers, mobile devices, and/or third party social networking sites, or platforms (“SNS”) (each, an “Application” and collectively, “Applications”). The Site and Applications are referred to herein collectively, as the “Service.” Your use of the Service is subject at all times to these TOS, our privacy policy (“Privacy Policy”) and any additional end user license agreements (the “EULA”) which may apply. Any inconsistencies between this TOS, the Privacy Policy or any EULA shall be resolved by the Company in its sole and absolute discretion.

EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS, THE PRIVACY POLICY AND EULA, AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE APPLICABLE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND THEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, THE PRIVACY POLICY AND EULA, DO NOT ACCESS OR USE THE SERVICE. YOUR CONTINUED ACCESS AND USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, THE PRIVACY POLICY AND EULA, AS THEY EACH MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU (A SERVICE VISITOR AND/OR REGISTERED USER) AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY. YOU SHOULD PRINT A COPY OF OUR TOS FOR FUTURE REFERENCE.

You may not use our Service if: (a) you cannot enter into a binding contract with the Company; (b) you are under 13 years of age, in which case you must not create an Account, use any part of the Service, or submit personal information through the Service or to the Company (for example, name, address, telephone number, email address); (c) you are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals; (d) you are a convicted sex offender; or (e) you have previously been banned from using the Service. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these TOS.

In some instances, both these TOS and separate terms of service, rules, policies or guidelines set forth additional conditions that may apply to the Service and any applicable SNS terms and conditions, including, without limitation, any Account (defined below) registration terms and conditions, order documents mutually agreed by you and the Company for purchases or subscription to the Services, including, without limitation, all applicable content, data, and reports (“Service Orders”), rights and restrictions relating to any applicable free trial of the Service (“Free Trial”), and rights and restrictions relating to any applicable beta versions of the Service (“Beta Service”) (collectively, the “Additional Terms”). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.

1. LICENSE

(a) License Grant.

Subject to the terms and conditions of these TOS, the Privacy Policy, the EULA and any Additional Terms (each of which are hereby incorporated by this reference), the Company hereby grants to you a limited, non-exclusive, non-transferable and revocable right and license during the applicable subscription term set forth in the Service Order (“Subscription Term”) to: (i) download, install and use the subject Applications (excluding source code) on your personal computer and/or mobile device (if applicable); (ii) access and use the Application through the applicable SNS (if applicable) and/or (iii) access and use the Service, including (A) submitting Service Orders and (B) download and/or print select and limited portions of content, data and reports to a location or storage device under your exclusive control and only for your internal non-commercial use (except as may be expressly authorized by the Company in writing in the Service Order). The Company may terminate or modify the scope of this license without notice in the event you fail to comply with these TOS, the Privacy Policy, the EULA or any Additional Terms, including, without limitation, downgrading your Account status and Service access rights. Upon termination of the license, you must immediately cease accessing and using the Service.

To subscribe to the Services, you must accept the applicable Service Order. Your execution of the Service Order and/or submitting payment thereunder constitutes your acceptance and agreement to subscribe to the Services in accordance with the terms of these TOS, the Privacy Policy, the EULA and any Additional Terms. The Company expressly rejects any additional or different terms unless mutually agreed to in writing by both you and the Company.
Notwithstanding anything to the contrary in these TOS, you agree and acknowledge you will not share or promote any excerpt or distribution of any Service content, data or reports to any third party, including, without limitation, the media, (in any form) except as expressly authorized herein without the Company’s prior written consent. You further agree and acknowledge that the access and distribution of such materials shall comply, in all instances, with these TOS, including the relevant Service Order, and any applicable law. You acknowledge and agree that purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by the Company regarding future functionality or features.

(b) Limitations.

The license granted to you is subject to the following limitations. You shall not or permit any other person to:

  • (i) in whole or in part, (1) modify or create any derivative work of the Service, including, without limitation, Company Materials (defined below), other user’s User Content (defined below) or Application, or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of any Application;
  • (ii) modify, alter or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends in the Service, including any Company Materials, other user’s User Content or the Application;
  • (iii) sell, grant a security interest in or transfer reproductions of the Service, including any Company Materials, other user’s User Content or Application to other parties in any way not expressly authorized herein;
  • (iv) assign, rent, lease, distribute, license or otherwise grant access to the Service, including any Company Materials, other user’s User Content or Application to unauthorized third parties;
  • (v) use any third-party software to modify the Service or any Application;
  • (vi) use the Service to access, copy, transfer, transcode or retransmit content in violation of third party intellectual property rights;
  • (vii) use the Service, directly or indirectly, to operate a service which competes with the Service; or
  • (viii) create or maintain, under any circumstance, any unauthorized connections to the Service. All connections to the Service may only be made through methods and means expressly approved by the Company. Under no circumstances will you connect, or create tools that allow you or others to connect, to the proprietary interface or interfaces other than those expressly provided by the Company for public use.

(c) Additional Agreements. 

  • (i) You agree to use the Service only in compliance with these TOS, the Privacy Policy, the EULA, Additional Terms and applicable rules, laws and regulations, including applicable tax laws.
  • (ii) By accessing and using the Service, you represent and warrant that you are not prohibited from receiving exports or services under United States or other applicable export laws.
  • (iii) You agree that by accessing and using the Service you may be exposed to content that you may find offensive, indecent or objectionable, or which violate this TOS, that you access and use the Service at your own risk and that you assume all risks related to dealing with other users with whom you have had contact through the Service.
  • (iv) You acknowledge that you will comply with any Account registration, user and other use restrictions set forth in the applicable Service Order. Specifically, you acknowledge and agree that the rights granted in a Service Order are granted only to you (and the legal entity on behalf you are acting), and do not extend to shareholders, parents, subsidiaries, affiliates or other related entities or individuals not expressly authorized in the subject Service order. Such affiliates must execute a separate Service Order in order to access and use the Services.

Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the license granted hereunder with immediate effect and may subject you to civil and/or criminal liability.

2. IP OWNERSHIP

(a) Accounts and User Data.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, Application status, benefits and privileges, and all other data accumulated in connection with your access and use of the Service (collectively, “User Data”). You further acknowledge and agree that all rights in and to the Account and User Data (excluding User Content) are and shall be owned solely and exclusively by the Company. No rights conferred to you in connection with the Service (including any Company Materials) may be transferred or assigned by you (by operation of law or otherwise including at the time of cancellation of your Account) to any third party without the prior written consent of the Company. We reserve the right to remove or reclaim any user ID at any time and for any reason.

(b) Company Materials.

The Company, its licensors and/or certain third parties (as applicable) retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Service (including past, present and future versions) (excluding User Content), including, without limitation, any content, data and reports provided in connection with the Service, analyses, graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel”; the compilation, assembly and arrangement of the materials of the Service; and all other materials or content made available in the Service (collectively, the “Company Materials”) and such Company Materials are protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

(c) Trademark Notice.

All words and logos in the Service marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing in the Service are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these TOS is strictly prohibited.

(d) Sites and Applications.

The Company and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Services, including all Sites and Applications, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by the Company, its licensors, you, or otherwise), any titles, computer code, concepts, artwork, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Sites or Applications. The rights described in the foregoing sentence are the copyrighted work of the Company and/or its licensors and are protected by applicable intellectual property laws. The Sites and Applications may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this TOS. You acknowledge and agree that you do not acquire any ownership rights by using the Service.

(e) Third Parties.

The Service may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Service falls under the scope of these TOS. Any and all other third party software or technology that may be distributed together with the Service will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with the Company regarding such third party software or technology and you will look solely to the applicable third party and not to the Company to enforce any of your rights.

(f) No Additional Rights.

Only those licenses expressly set forth in these TOS are granted. No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.

3. ACCOUNT, FEES, TERMINATION AND NO REFUNDS

(a) Accounts.

You may currently access certain parts of the Service without establishing a user an Account (defined below). However, by completing the Service registration process in the Service, you may establish a registered user account (“Account”), become a registered user, access the full Service and place Service Orders. To create an Account, you may be asked to provide your first and last name, email address, company name, state/country, payment information, and/or choose a user name, user ID and password. You must provide truthful and accurate information during the Account registration process. Notwithstanding anything to the contrary, Company may approve or reject your Account registration application or any Service Orders for any reason or no reason in its sole and absolute discretion. All such decisions shall be final and under no circumstance shall Company be obligated to provide any information regarding its decision-making process. You are solely responsible for all activity on your Account and for the security of your personal computer and mobile device. You may not reveal your Account password to other users or permit others to access your Account. All acts performed using your Account (including User Data and User Content) shall be deemed to be your acts. You shall promptly notify the Company for any changes to your Account information (including changes to your mobile device) or if such information has been improperly disclosed to a third party using notification methods approved by the Company. You shall solely be responsible for any liability that arises from any improper third party disclosure and/or third party use of your Account (including User Data and User Content). If there is a risk of your Account (including User Data and User Content) being improperly used by a third party, you shall promptly take measures to limit such use, including, without limitation, by changing your password and notifying the Company.

While the Company will use reasonable efforts to back up Site data (including User Data and User Content) and make such data available in the event of loss or deletion, we have no responsibility or liability for the deletion or failure to store any messages and other communications or other User Data or User Content maintained or transmitted by any Site. We reserve the right to mark as “inactive” and archive Accounts (and related User Data and User Content) that are inactive for an extended period of time. We reserve the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described above.

Subject to any applicable confidentiality obligations, the Company reserves the right to audit and monitor the use of the Services to ensure compliance with these TOS and to maintain and improve the provision of the Services. You agree to cooperate with the Company’s audit and provide reasonable assistance and access to information. In addition, you agree that the Company shall not be responsible for any of your costs incurred in cooperating with the audit.

(b) Fees.

You must pay the applicable fee (if any) to access and use the Service, including, without limitation all fees specified in all applicable Service Orders. Except as otherwise specified herein or in an Service Order (i) there shall be no charge for use of the Beta Service or during the Free Trial, (ii) all fees are quoted and payable in advance in United States dollars and are non-refundable (except as required by applicable law), (iii) based on Services purchased and not actual usage and (iv) cannot be decreased during the relevant Subscription Term.
Unless otherwise stated in the applicable Service Order, the Service fees do not include any taxes, levies, duties or similar governmental assessments of any nature (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases hereunder. To the extent you have any legal obligation to pay or collect Taxes for which you are responsible under this these TOS, you shall pay the appropriate amount shall be invoiced to you, unless you provide the Company with a valid tax exemption certificate authorized by the appropriate taxing authority.

The Company, in its sole and absolute discretion, may, from time to time, modify, amend, or supplement the terms and billing methods relating to fees and charges, and post those changes in the Service. Such modifications, amendments or supplements shall be effective immediately upon posting on the Service. If any change is unacceptable to you, your sole remedy is to cancel your Account and cease use of the Service.
You must provide and maintain all equipment, software and other technologies necessary to access and use the Service, including, a personal computer or mobile device suitable to connect with the Service and an Internet connection. In addition, you hereby acknowledge and agree that you shall solely be responsible for and bear all charges, including, telephone charges, Internet connection charges and electricity charges, arising out of your access and use of the Service. Subject to technical problems and revisions to payment policies which may be instituted by the Company and partners at any time without notice, you may pay for any applicable fees and other charges by major credit card or such other methods expressly authorized in writing by the Company. If you provide credit card information to the Company, you authorized the Company to charge such credit card for the subject Services listed in the applicable Service Order for the applicable Subscription Term and any renewal Subscription Terms. If the Service Order specifies that payment will be by a method other than a credit card, the Company will invoice you in advance and otherwise in accordance with the relevant Service Order. You are solely responsible for maintaining complete and accurate billing and contact information, and notifying the Company of any changes. Any dispute arising between you and any third party payment process service (including a credit card company) shall be resolved directly between you and such third party. Under no circumstances shall Company be liable for any obligations incurred by you to such third party in connection with your access and use of the Service. You agree to indemnify, defend and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such disputes.

(c) Termination/Cancelation.

You have the right to cease accessing and using the Service at any time by following the authorized process. Notwithstanding the foregoing or otherwise in these Terms or any request to terminate the Service at the end of the applicable Subscription Term, the subject Service will continue to the end of the applicable Subscription Term and you shall not be entitled to any refund of Service fees paid in advance for such Subscription Term. You understand and agree that unless otherwise expressly provided for in this TOS, terminating your Account and the cessation of access and use of the Service is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this TOS, the Privacy Policy, EULA and/or any Additional Terms, or the Company’s enforcement or application thereof, (ii) the Company Materials and other content available through the Service, (iii) your ability to access and/or use the Applications and/or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You acknowledge and agree that in the event the SNS account you used to create a registered Account is terminated, your ability to access the Account may be disrupted or no longer available. You shall be solely responsible for maintaining any third party SNS accounts you may have, including, without limitation, those SNS accounts necessary to access your Account. You shall be solely responsible for any such disrupted or lack of access to your Account.

Without limiting any other remedies, we may limit, suspend, cancel, terminate, modify or delete your Account and your access to and use of the Service (or any portion thereof, including any User Data, and User Content) at any time if you are, or we suspect that you are, failing to comply with any of this TOS, the Privacy Policy, the EULA and/or Additional Terms with or without notice to you.

If the Company terminates your access and use to the Service, you may lose your user ID, User Data and User Content as well as any benefits, privileges, and User Content associated with the Service, and we are under no obligation to compensate you for any such losses or results. In addition, no online time or other credits will be provided to you or converted to cash or other form of reimbursement, and you will have no further access to the subject Service (including all User Data and User Content). Also, you will not have the right to transfer, sell, or assign any User Data to anyone else. Under no circumstances shall Company be responsible for storing any User Data, User Content and other information following suspension, termination, modification or deletion of your Account and access to the Service.

We reserve the right to stop offering and/or supporting the Service at any time, for any valid commercial reason, at which time your license to access and use the Service will automatically be terminated without further action. In such event, we shall not be required to provide refunds, benefits or other compensation to you except as otherwise expressly set forth herein, agreed to in writing by the Company or pursuant to applicable law.

4. USER CONTENT

The Company does not solicit submissions, creative materials, ideas or suggestions other than those the Company may specifically request. Any communications or materials you transmit to the Company by e-mail or otherwise including, without limitation, data, questions, feedback, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and non-proprietary except as otherwise described in the Privacy Policy.

As part of the Service, you may participate in blogs, message boards, contests, sweepstakes, voting, forums and other communication functionality and may be provided with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company and/or other users, including, without limitation, rankings, text, writings, photographs, graphics, comments, feedback, suggestions or personal information or other material (collectively, excluding Company Materials not created by you, “User Content”). You hereby represent and warrant to the Company that your User Content is wholly original and has been created by you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these TOS without the Company incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

Subject to the Privacy Policy, by posting or transmitting User Content within the Service, you grant to the Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, delete, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that the Company is free to use any ideas, information, concepts, know-how or techniques contained in any User Content that you send to the Company, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind. Subject to the Privacy Policy, you grant to the Company the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content. Except as prohibited by applicable law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. Notwithstanding the foregoing, you retain ownership of any copyrights, trademarks and service marks in any User Content you post or transmit.

The Company has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest). You also agree and understand that the Company is not obligated to use User Content and that you will not receive any additional consideration or compensation for your User Content or for any exploitation thereof.

You acknowledge and agree that your communications with other users via any channel of communication in the Service are public and not private, and subject to the terms of the Privacy Policy, that you have no expectation of privacy concerning your access and use of the Service. Subject to the terms of the Privacy Policy, you acknowledge that personal information that your public communication via the Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications in the Service. Subject to the terms of the Privacy Policy, you are solely responsible for any public communications you make in the Service and their legality under all applicable laws and regulations. Company is not responsible for information that you choose to communicate to other users in the Service, or for the actions of other users. For further information regarding Company’s use of information collected in connection with the Service, please refer to the Privacy Policy.

5. ONLINE CONDUCT  

You agree that you will be personally responsible for your access and use of the Service and for all of your User Content and online activity in connection with the Service, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such use, User Content and activity. You acknowledge and agree that the Company reserves the right (but not the obligation), in its sole and absolute discretion, to refuse or delete any User Content at any time that it reasonably considers to violate this TOS or be otherwise illegal or does not fulfill the Purpose. Moreover, you agree to comply with these TOS, all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. The Company, in its sole and absolute discretion, may preserve User Content and may also disclose User Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by the Company to protect the rights, property, or personal safety of Service users and the public. Moreover, you agree not to engage in any of the following:

  • (a) Post, transmit, promote, or distribute illegal content.
  • (b) Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another user or Company or affiliate’s employee or agent.
  • (c) Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
  • (d) Infringe upon the intellectual property rights and rights of confidential information of the Company or any third party.
  • (e) Alter, delete or cancel any other user’s profile information or User Content.
  • (f) Disrupt the flow of chat in chat rooms, forum, comments or other communication areas within the Service with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting, using ALL CAPS in an attempt to disturb other users, “spamming” or flooding or posting repetitive text.
  • (g) Impersonate another person, indicate that you are a Company or affiliate employee or agent, or attempt to mislead users by indicating that you represent Company or any of Company’s licensors or affiliates.
  • (h) Attempt to get a user ID, password, or other user information, or any other private information from a user. Company employees will NEVER ask for your password. DO NOT give your password, secret answers, or billing information out to anyone.
  • (i) Upload any content that you do not own or have the right to freely distribute.
  • (j) Engage in or promote or encourage any illegal or fraudulent activity including hacking, cracking or distribution of counterfeit software, or identity theft.
  • (k) Upload files or display URLs that contain a virus or corrupted data.
  • (l) Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes.
  • (m) Make any commercial use of the Service.
  • (n) Improperly use support or complaint buttons or make false reports to Company.
  • (o) Modify, reproduce, distribute, delete or create derivative works of the Service, Company Materials or any User Content displayed therein, or any component thereof.
  • (q) Solicit or attempt to solicit, and post or communicate any user’s personal information without such user’s consent or outside the scope of the Service.
  • ® Interfere with, hack into or decipher any transmissions to or from the servers running the Service and Applications.
  • (s) Exploit any bug in the Service or in any Company product to gain unfair advantage or exploit it for commercial purposes. You agree not to communicate the existence of any such bug (either directly or through the public posting) to any other user or third party.
  • (t) Do anything that interferes with the ability of other users to enjoy the Service or that materially increases the expense or difficulty of Company in maintaining the Service for the enjoyment of all its users.
  • (u) Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by this TOS.
  • (v) Use the Service in connection with any violation of any applicable laws, rules or regulations, or do anything that promotes the violation of any applicable laws, rules or regulations.
  • (y) Establish and access multiple Accounts.

If you encounter another user who is violating any of the items described in the Online Conduct list above, please report them to help@foretop.ai.

6. MODIFICATIONS

(a) Terms of Service.

The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting in the Service. You are responsible for periodically checking the Service for changes to the TOS. You can determine when the TOS were last revised by referring to the “Effective Date” legend at the top of these TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you must cease using the Service. Your continued access and use of the Service constitutes your agreement to be bound by the modified TOS.

(b) Changes.

The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Service (or any portion thereof, including any User Data and User Content), whether temporarily or permanently, in whole or in part, for valid commercial reasons and/or as required by applicable law. Changes may also include changes to the Sites, including eliminating or discontinuing any content on or feature of the Sites, restricting the hours of availability or limiting the amount of use permitted. Any such Change shall be effective immediately upon notice by posting on the Service or these TOS, or by any other method of notice the Company deems appropriate. We shall not be required to provide refunds, benefits or other compensation to you for any Changes, including, without limitation, the suspension, interruption or discontinuation of the Service. Any access or use of the Service after such notice of Change, constitutes acceptance by you of such Change.

Temporary interruptions in the availability of the Service may occur from time to time as normal events, including, without limitation maintenance of the Service. The Company shall endeavor to provide reasonable advance notice to you of any scheduled maintenance, upgrades, downgrades and related interruptions (if any) of the Service. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, interruption or discontinuation of the Service, and termination of any license. The Service may include inaccuracies, errors, materials that violate this TOS or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. Additionally, you acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Sites. Although the Company attempts to ensure the integrity and the accuracy of the Sites, it makes no guarantees whatsoever as to any Site’s completeness or correctness. In addition, the Service are made available internationally and may contain references to products, programs and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs or services in your location.

(c) Applications.

The Company and/or its licensors may deploy or provide patches, updates, upgrades, error corrections, bug-fixes, modifications and additional features or functions to any Application that must be installed for you to continue accessing and using the Application. The Company and/or its licensors may upgrade or update the Application remotely, including, without limitation, the Application residing on your machine, without your knowledge or consent, and you hereby grant to the Company and its licensors your consent to deploy and apply such patches, updates, upgrades, error corrections, bug-fixes, and modifications, and additional features or functions to the Applications. The Company has no obligation to make available to you any subsequent versions of the Applications. You may have to enter into a renewed version of these TOS, in the event you want to download, install or use a new version of the Applications.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING THE SITES AND ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. MOREOVER, THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITES OR ANY CONTENT THEREIN (INCLUDING SOFTWARE) WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT BY THE COMPANY OR ITS AFFILIATES, REGISTERED USERS OR SERVICE VISITORS, WHETHER MADE WITHIN THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR ACCESS AND USE OF THE SERVICE (INCLUDING ALL CONTENT MADE AVAILABILITY WITHIN IT) IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. NONE OF THE SERVICES OR PROVISION OF MATERIALS PURSUANT TO THE SERVICE CONSTITUTES ACTUAL INVESTMENT ADVICE OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY US. WE DO NOT CLAIM TO BE AND ARE NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A SALE OR OFFER TO BUY, SELL, OR RECOMMEND ANY SECURITIES OR COMPANIES. YOU MAKE YOUR OWN INVESTMENT DECISIONS BASED UPON YOUR PERSONAL DUE DILIGENCE, INVESTIGATION AND OTHER PERSONAL INVESTMENT CRITERIA. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, INVESTMENT STRATEGIES, OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES OR APPLICABLE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE SERVICES OR THE RELEVANT MATERIALS. AS A CONDITION TO YOUR USE OF THE SERVICES AND THE RELEVANT MATERIALS, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST US ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE SERVICES AND YOUR REVIEW OF ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE.

8. LIMITATIONS OF LIABILITIES

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR THE ACCESS OR USE THEREOF. MOREOVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU EXCEED IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE SERVICE EXCEED THE HIGHER OF US$500 OR THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR ACCESS AND USE OF THE SERVICE IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE INCIDENT. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF THE SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OF OR USERSHIP, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

For the convenience of our user, the Service may provide certain links to other applications, services and websites provided by third parties. The Company is not responsible for the content of any other applications, services or websites linked to or from the Service. If you follow any such links, you leave the Service and you do so entirely at your own risk. The Company provides links from the Service solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other applications, services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED APPLICATIONS, SERVICES OR WEBSITES, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS, SERVICES OR WEBSITES.

10. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees and costs, arising from: (a) your breach of these TOS, the Privacy Policy, the EULA, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (b) in connection with your access and use of the Service in breach of these TOS, the Privacy Policy, the EULA, the Additional Terms or any applicable rules, law or regulations, whether or not referenced herein, (c) violation of any rights of any third party, or (d) any interaction you may have with other users of the Service or visitors to the Service, and any dispute arising in relation thereto. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall provide all reasonable assistance and cooperation to the Company in respect of such matter. The obligations set forth herein shall survive termination of these TOS.

11. GOVERNING LAW

The Service is made accessible, operated and controlled by the Company in the State of California in the United States. It can be accessed from various countries of the world. The laws of the State of California, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Service and your access use thereof. By accessing and using the Service, you submit and consent to the exclusive jurisdiction of state and federal courts located in Santa Clara County, the State of California with respect to any dispute or cause of action arising out of or in connection with these TOS, the Privacy Policy, the EULA, Additional Terms and/or your access and use of the Service. You are solely responsible for your interactions with other users of the Service. If you have a dispute with one or more users of the Service, in addition to any other remedies reserved for the Company herein, you release us (and its licensors, affiliates, employees, officers, directors, contractors, agents, third party suppliers, licensors and third party partners) from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in connection with such disputes. If you are a California resident, you waive the rights afforded to you under California Civil Code §1542.

12. INJUNCTIVE RELIEF

You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. To the fullest extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

13. VOID WHERE PROHIBITED

The information provided through the Service are not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Service is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Service from a jurisdiction outside the State of California you are responsible for compliance with all applicable local laws.

We reserve the right to limit the availability of the Services, including the Sites and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide. Use of the Sites is void where prohibited.

THE SERVICE IS INTENDED FOR USE BY PERSONS OVER THE AGE OF 13. BY ACCESSING AND USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 OR OLDER, AND THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS, THE PRIVACY POLICY, THE EULA AND ADDITIONAL TERMS. MOREOVER, IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO ACCESS AND USE THE SERVICE. IF YOU ARE UNDER THE AGE OF 13 OR BETWEEN THE AGE OF 13 AND 18 BUT DID NOT HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO THE ACCESS AND USE THE SERVICE, THE COMPANY MAY IMMEDIATELY (WITHOUT NOTICE) TERMINATE THE LICENSE GRANTED HEREUNDER.

14. COMPLAINTS, NOTICE AND CONTACT INFORMATION

The Company takes claims of infringement of intellectual property rights and violation of rights, including rights of privacy or publicity very seriously. With the exception of copyright infringement notices (which should follow the DMCA procedures described below), if you believe that any of the material that is or was in the Service infringes or has infringed any intellectual property rights, owned by you, or by an owner for which you are authorized to act, please contact us at help@foretop.ai.

Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

15. PRIVACY POLICY

The Company is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy sets out how the Company may use your personal data, the traffic data and the content contained in your communication(s). If you object to your information being used in the way set out in the Privacy Policy, your sole remedy is to cease accessing and using the Service.

16. NOTICE 

In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Service or these TOS, or such other method of notice the Company deems appropriate. Where Company decides to give such notice, any access or use of the Service after delivery of such notice constitutes acceptance by you of the noticed action.

17. RESTRICTIONS

The Applications may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Applications as well as any applicable end-user, end-use and destination restrictions issued by national governments. By accessing and using the Applications, you represent and warrant that you are not prohibited from receiving exports or services under applicable export laws.

18. MISCELLANEOUS

If any provision of these TOS, the Privacy Policy, the EULA and/or Additional Terms (if applicable) is held to be invalid or unenforceable, that provision will be deemed severable to these TOS, the Privacy Policy, the EULA and/or Additional Terms and shall not affect the validity and enforceability of any remaining provisions of the TOS will remain in full force and effect. The TOS, the Privacy Policy, the EULA and Additional Terms (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Each party acknowledges that, in entering into these TOS it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these TOS. Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the TOS will be effective only if in writing and signed by the Company. The failure of party to assert any right under these TOS shall not be considered a waiver of that party’s right will remain in full force and effect. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. You are not allowed to assign the TOS or any rights hereunder. The Company is allowed at its sole discretion to assign the TOS or any rights hereunder to any third party, without giving prior notice to you.

19. LANGUAGE

The parties hereto confirm their express wish that these TOS as well as all other documents related to them, including notices, be drawn up in the English language only and declare themselves satisfied therewith.


If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about the Service, please contact us at help@foretop.ai.