Terms of Service

Please read these Terms of Service ("Terms") carefully before using our Software-as-a-Service (SaaS) platform ("Platform") provided by Foresight Data, Inc. ("Foresight Data," "we," "us," or "our"). These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Foresight Data, concerning your access to and use of the Platform. By accessing or using the Platform, you agree to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT USE THE PLATFORM AND MUST DISCONTINUE USE IMMEDIATELY

1. Account Terms

1.1. Registration: To access the Platform, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to keep your account information up to date.

1.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected breach of security.

2.1. Grant of License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes.

2.2. Restrictions: You may not:

2.2.1. Use the Platform for any unlawful, unauthorized, or fraudulent purposes.

2.2.2. Copy, modify, distribute, or create derivative works of the Platform.

2.2.3. Reverse engineer, decompile, or disassemble the Platform or attempt to derive its source code.

2.2.4. Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained on or within the Platform.

2.2.5. Use the Platform to develop a competing service or to benchmark its performance without our prior written consent.

3.1. Ownership: You acknowledge that we retain all rights, title, and interest in and to the Platform, including all intellectual property rights. No transfer of ownership or intellectual property rights is implied or granted under these Terms.

3.2. User Content: You may have the ability to upload, submit, store, or transmit content through the Platform ("User Content"). You retain ownership of your User Content, and you grant us a worldwide, royalty-free, sublicensable, and transferablelicense to use, reproduce, modify, distribute, and display your User Content solely for the purpose of providing and improving the Platform.

3.3. Prohibited Content: You agree not to upload, submit, store, or transmit any User Content that is unlawful, infringing, defamatory, obscene, or otherwise objectionable. We reserve the right to remove or disable any User Content that violates these Terms or is deemed inappropriate in our sole discretion.

4.1. Fees: Certain features or functionalities of the Platform may require payment of fees. You agree to pay all applicable fees and charges associated with your use of such features or functionalities in accordance with the pricing and payment terms provided to you. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. You are responsible for payment of all taxes, levies, or duties.

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, and disclose your personal information. By using the Platform, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy.

6.1. Termination by You: You may stop using the Platform at any time and requestexclusion of your login credentials by your IT department.

6.2. Termination by Us: We reserve the right to suspend or terminate your access to the Platform, in whole or in part, at our sole discretion and without notice if you violate these Terms or engage in conduct that we determine to be harmful to us or other users.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set worth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to corporate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of the State of New York.

11.1. Entire Agreement: These Terms constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or representations.

11.2.Severability These Termsconstitute the entire agreement between you and us regarding the subject matterherein and supersede all prior or contemporaneous agreements, understandings,or representations.

11.3. Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.4. Modifications and Interruptions: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Platform. Whenever we make a significant change to our policies, we will refresh the date at the top of this page.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspect, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or release in connection therewith.

If you have any questions or concerns regarding these Terms, please contact us at support@foresightdata.com

By using the Platform, you acknowledge that you have read, understood, and agreed to these Terms.