Terms of Service

1. Agreement Binding

These Terms of Service ("Terms") constitute a binding agreement between CapForecast AI Inc. ("CapForecast AI," "we," "us," "our," or "Company") and you (the "Customer," "you," or "your"), whether you are an individual or entity. By accessing, registering for, or using the CapForecast AI website, services, platform, or applications (collectively, the "Services"), you agree to be bound by these Terms. If you disagree with any provision, do not use the Services. Continued use of the Services constitutes acceptance of these Terms.

2. Use License & Restrictions

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for lawful purposes consistent with these Terms. You may not:

• Reverse engineer, decompile, or attempt to discover source code or trade secrets.
• Remove or alter any proprietary notices, labels, or marks on the Services.
• Reproduce, distribute, or transmit the Services without authorization.
• Use the Services to develop competing products or services.
• Access or use the Services for unauthorized or illegal purposes.
• Disrupt, interfere with, or overload the Services or our infrastructure.
• Attempt to gain unauthorized access to accounts, systems, or networks.
• Transmit viruses, malware, or any harmful code.
• Violate any applicable laws, regulations, or third-party rights.
• Resell, lease, or rent the Services without express written permission.

3. Account Registration & Responsibilities

To use certain features of the Services, you may be required to create an account. You are responsible for:

• Providing accurate, complete, and current information during registration.
• Maintaining the confidentiality of your username and password.
• All activities that occur under your account, whether authorized or unauthorized.
• Notifying us immediately of any unauthorized use or security breach.
• Complying with all applicable laws and our policies.

CapForecast AI reserves the right to suspend or terminate accounts that violate these Terms or engage in abusive behavior.

4. Subscription, Billing & Payment

4.1 Subscription Plans

The Services are offered on a subscription basis with varying plans (Essential, Professional, Enterprise). The plan details, features, and pricing are displayed on our website or in your Order Form.

4.2 Billing Cycle

Subscriptions are billed in advance on the day you subscribe and on each renewal date thereafter. Billing cycles are monthly, annually, or as specified in your plan. You will receive an invoice via email.

4.3 Payment

You authorize us to charge the payment method on file for your subscription fees, applicable taxes, and any additional charges. Payment is non-refundable except as provided in Section 4.4. We reserve the right to update pricing upon 30 days' written notice. Price increases will not apply to your current billing period.

4.4 Cancellation & Refunds

You may cancel your subscription at any time by logging into your account or emailing [email protected]. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial periods unless otherwise required by law. Free trials must be cancelled before the trial period ends to avoid being charged.

4.5 Failed Payments

If payment fails, we will attempt to collect payment via your payment method for up to three business days. If collection fails, your account access may be suspended. Reactivation requires payment of all outstanding fees plus any applicable late fees or administrative charges.

5. Acceptable Use Policy

You agree not to use the Services for:

• Illegal activities or violation of any laws or regulations.
• Transmission of unsolicited commercial communications or spam.
• Harassment, threats, or defamation of any individual or entity.
• Privacy violations or unauthorized access to data belonging to others.
• Intellectual property infringement or violation of third-party rights.
• Fraud, deception, or misrepresentation.
• Malware, ransomware, or any code designed to harm systems or data.
• Activities that could disrupt, damage, or impair the Services or our infrastructure.

6. Intellectual Property Rights

CapForecast AI and its licensors own all intellectual property rights in the Services, including software, content, designs, trademarks, and patents. Your subscription grants you only the limited license described in Section 2. No license is granted to the underlying technology, algorithms, or intellectual property. You retain all rights to data you upload to the Services, but grant CapForecast AI a worldwide, royalty-free license to use such data to provide, improve, and optimize the Services.

7. Data & Security

7.1 Data Responsibility

You are solely responsible for the accuracy, quality, and legality of data you provide to the Services. CapForecast AI is not liable for errors, corruption, or misuse of your data.

7.2 Data Backups

While we maintain redundant systems, we recommend you maintain independent backups of any critical data. CapForecast AI does not guarantee data recovery for lost or deleted information.

7.3 Security

We implement industry-standard security measures including encryption, access controls, and regular security audits. However, no system is entirely secure. You acknowledge the inherent risks of internet-based services and assume responsibility for protecting your account credentials.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAPFORECAST AI, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Indirect, incidental, consequential, special, or punitive damages.
• Lost profits, revenue, data, business opportunities, or goodwill.
• Damages arising from your use or inability to use the Services.
• Damages arising from third-party acts or content.

Even if CapForecast AI has been advised of the possibility of such damages. IN NO CASE SHALL CAPFORECAST AI'S TOTAL LIABILITY EXCEED THE FEES YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CAPFORECAST AI DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, error-free, or secure.
• Forecasts will be 100% accurate or will meet your requirements.
• Defects will be corrected or that the Services will remain available.
• Results obtained from the Services will be satisfactory or complete.

You use the Services at your own risk and discretion.

10. Indemnification

You agree to indemnify, defend, and hold harmless CapForecast AI, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Services or violation of these Terms.
• Content you upload, transmit, or create using the Services.
• Your infringement of third-party rights.
• Your violation of any law or regulation.

11. Termination & Suspension

CapForecast AI may suspend or terminate your account and access to the Services immediately and without notice if:

• You violate these Terms or other policies.
• You engage in illegal or fraudulent activity.
• You fail to pay subscription fees.
• Your use of the Services poses a security risk or violates third-party rights.

Upon termination, your right to use the Services ceases immediately. CapForecast AI has no obligation to retain your data after termination, except as required by law.

12. Modification of Services

We reserve the right to modify, update, upgrade, or discontinue the Services or any features at any time, with or without notice. Changes to pricing or material features will be communicated via email or website notice at least 30 days in advance. Your continued use constitutes acceptance of modifications.

13. Third-Party Links & Services

The Services may include links to third-party websites and services. CapForecast AI is not responsible for the accuracy, content, or practices of third-party sites. Your use of third-party services is subject to their terms and conditions. We encourage you to review their policies before providing information.

14. Confidentiality

Each party agrees to maintain the confidentiality of the other party's proprietary and confidential information. This obligation does not apply to information that is publicly available, rightfully known without restriction, or required to be disclosed by law.

15. Publicity & References

You grant CapForecast AI the right to identify you as a customer and use your name and logo in marketing materials, case studies, and customer listings (unless you opt-out in writing). CapForecast AI will not disclose specific technical details or data without your consent.

16. Compliance With Laws

You agree to comply with all applicable laws, regulations, and industry standards. CapForecast AI reserves the right to deny service or suspend your account if your use violates any law or if you are subject to trade restrictions or sanctions.

17. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of California without regard to its conflict of law principles. Both parties agree to submit to the exclusive jurisdiction of the courts located in San Francisco County, California. Before pursuing litigation, the parties agree to attempt resolution through good-faith negotiation.

18. Entire Agreement

These Terms, along with the Privacy Policy, any Order Form, and Data Processing Agreement (if applicable), constitute the entire agreement between you and CapForecast AI regarding the Services. These Terms supersede all prior negotiations, understandings, and agreements. If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

19. Severability & Waiver

If any provision of these Terms is determined to be invalid, void, or unenforceable, the provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed. The waiver of any breach or default under these Terms does not constitute a waiver of any other provision or subsequent breach.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms without CapForecast AI's prior written consent. Any unauthorized assignment is void. CapForecast AI may assign its rights to affiliates or successors without notice.

21. Contact & Support

For questions about these Terms or to report violations, contact:

• Email: [email protected]
• Address: CapForecast AI Inc., 123 Market St, San Francisco, CA 94105, USA
• Support Portal: [email protected]

22. Amendments

CapForecast AI reserves the right to amend these Terms at any time. Material changes will be communicated via email and website notice at least 30 days in advance. Continued use of the Services after notification constitutes your acceptance of amended Terms.