Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a revised "Last Updated" date and, for registered users, via email. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

3. Eligibility and Account Registration

3.1 Eligibility. You must be at least 18 years old and capable of forming a binding contract to use the Service. By registering, you represent that all information provided is accurate, current, and complete.

3.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You agree to notify us immediately at contact@forecasterly.co of any unauthorized access or security breach.

3.3 Account Types. We offer individual and organizational accounts. The account owner has authority to manage users, permissions, and subscription settings associated with that account.

4. Service Description and Subscription

4.1 Service Overview. Forecasterly provides cloud-based forecasting, analytics, and business intelligence tools designed to help organizations make data-driven decisions.

4.2 Subscription Plans. We offer various subscription tiers with different features, usage limits, and pricing. Current plans and pricing are available at forecasterly.co/pricing.

4.3 Free Trials. We may offer free trial periods. Upon trial expiration, you must purchase a subscription to continue accessing the Service, or your account may be suspended or terminated.

4.4 Modifications. We reserve the right to modify, suspend, or discontinue any aspect of the Service with reasonable notice. We will not be liable for any modification, suspension, or discontinuation.

5. Payment and Billing

5.1 Payment Terms. By providing payment information, you authorize us to charge your designated payment method for all applicable fees. All fees are stated in US Dollars and are non-refundable unless otherwise specified.

5.2 Billing Cycle. Subscriptions automatically renew for successive periods equal to your initial subscription term (monthly or annual) unless canceled prior to renewal. You may cancel at any time through your account settings or by contacting contact@forecasterly.co.

5.3 Late Payments. Failure to pay may result in suspension or termination of your account. We reserve the right to charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law.

5.4 Taxes. You are responsible for all applicable taxes, except taxes based on our net income.

6. Acceptable Use Policy

6.1 Permitted Use. You may use the Service only for lawful business purposes in accordance with these Terms.

6.2 Prohibited Activities. You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Upload or transmit viruses, malware, or malicious code
• Use the Service to send unsolicited communications (spam)
• Share account credentials or allow unauthorized third-party access
• Exceed usage limits or circumvent access controls
• Use the Service to process protected health information (PHI) without executing a Business Associate Agreement (BAA)

6.3 Data Usage Restrictions. You may not use the Service to store or process data that violates third-party rights, including intellectual property, privacy, or confidentiality rights.

7. Data and Content

7.1 Your Data. You retain all ownership rights to data, information, and materials you upload to the Service ("Customer Data"). You grant us a limited license to process Customer Data solely to provide and improve the Service.

7.2 Data Processing. We process Customer Data in accordance with our Privacy Policy and Data Processing Addendum (where applicable). We implement appropriate technical and organizational measures to protect your data.

7.3 Data Export. You may export your data at any time through the Service interface. Upon account termination, we will retain your data for 30 days to allow export, after which it will be securely deleted, except as required by law.

7.4 Aggregated Data. We may use anonymized, aggregated data for analytics, research, and service improvement purposes. Such data will not identify you or contain personal information.

8. Intellectual Property Rights

8.1 Our Rights. The Service, including all software, algorithms, interfaces, documentation, and content provided by us, is owned by PostGraph, Inc. and protected by copyright, trademark, and other intellectual property laws.

8.2 License Grant. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term.

8.3 Feedback. Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without restriction or compensation to you.

8.4 Trademarks. "Forecasterly," "PostGraph," and our logos are trademarks of PostGraph, Inc. You may not use our trademarks without prior written consent.

9. Confidentiality and Security

9.1 Confidential Information. Each party agrees to maintain the confidentiality of the other party's proprietary information marked as confidential or reasonably understood to be confidential.

9.2 Security Measures. We implement industry-standard security measures, including SOC 2 Type II compliant controls, to protect your data. Details are available in our Security Overview at forecasterly.co/security.

9.3 Security Incidents. We will notify you within 48 hours of discovering any unauthorized access to your Customer Data and will take reasonable steps to mitigate harm and prevent recurrence.

10. Third-Party Services and Integrations

The Service may integrate with third-party services. Your use of such integrations is subject to the third parties' terms and privacy policies. We are not responsible for third-party services or their actions.

11. Warranties and Disclaimers

11.1 Our Warranties. We warrant that: (a) the Service will materially conform to the functionality described in our documentation; (b) we will perform professional services in a workmanlike manner; and (c) the Service will be free from material defects.

11.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

12.2 Liability Cap. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12.3 Exceptions. The limitations in this Section 12 do not apply to: (a) your payment obligations; (b) your breach of confidentiality or intellectual property rights; (c) fraud, gross negligence, or willful misconduct; or (d) liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless PostGraph, Inc. and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) your Customer Data.

14. Term and Termination

14.1 Term. These Terms commence when you first access the Service and continue until terminated.

14.2 Termination for Convenience. You may terminate your account at any time. We may terminate or suspend your account with 30 days' notice for convenience.

14.3 Termination for Cause. Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within 30 days of written notice, or if the other party becomes insolvent or bankrupt.

14.4 Effect of Termination. Upon termination: (a) your right to use the Service ceases immediately; (b) you must pay all outstanding amounts; (c) we will return or delete your data per Section 7.3; and (d) provisions intended to survive termination will remain in effect.

15. Governing Law and Dispute Resolution

15.1 Governing Law. These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

15.2 Jurisdiction. Any legal action arising from these Terms will be brought exclusively in the state or federal courts located in Dallas County, Texas. Both parties consent to this jurisdiction.

15.3 Informal Resolution. Before filing any claim, the parties agree to attempt in good faith to resolve disputes informally for at least 30 days by contacting legal@forecasterly.co.

15.4 Class Action Waiver. Any proceedings will be conducted only on an individual basis. Class actions, class arbitrations, representative actions, and consolidation with other arbitrations are not permitted.

16. General Provisions

16.1 Entire Agreement. These Terms, together with our Privacy Policy and any Data Processing Addendum, constitute the entire agreement between you and us regarding the Service.

16.2 Severability. If any provision is held invalid or unenforceable, the remaining provisions will continue in full force.

16.3 Waiver. Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

16.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure. Neither party will be liable for delays or failures due to causes beyond reasonable control, including acts of God, war, terrorism, labor disputes, or internet service interruptions.

16.6 Notices. Notices to us must be sent to legal@forecasterly.co. Notices to you will be sent to the email address associated with your account.

16.7 Export Compliance. You agree to comply with all applicable export control laws and regulations.

17. Contact Information

For questions about these Terms, contact:

PostGraph, Inc. d/b/a Forecasterly

Email: legal@forecasterly.co

Mailing Address: Dallas, Texas, United States