Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Forkecast platform (the “Service”), you agree to be bound by these Terms of Service (the “Terms”) and our Privacy Policy. If you’re using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

2. Eligibility & Accounts

• You must be at least 18 years old and able to form a binding contract.
• You are responsible for the accuracy of account information and for maintaining the confidentiality of credentials.
• You must promptly notify us of any unauthorized access or security incident involving your account.

3. Subscriptions & Billing

• Paid plans are billed in advance on a recurring basis (monthly or annually) unless otherwise stated.
• All fees are exclusive of taxes; you are responsible for applicable taxes, duties, and government charges.
• We may change prices with reasonable prior notice; changes take effect in the next billing cycle unless stated otherwise.

4. Cancellations & Refunds

• You may cancel at any time via the billing page; access continues until the end of your current term.
• Except where required by law or expressly stated, fees are non‑refundable.
• We may issue a prorated credit at our discretion for material, documented outages that we solely caused.

5. Fair Use & Acceptable Use

You agree not to misuse the Service. Prohibited activities include, without limitation: violating laws; infringing intellectual property; reverse engineering or circumventing technical controls; interfering with Service integrity; unauthorized scraping; sending spam or abusive content; and using the Service to store or process high‑risk data (e.g., PCI card numbers, protected health information) unless we have a signed agreement permitting such use.

6. Data, Privacy & Security

• Your content remains yours. You grant us a limited license to host, process, transmit, and display your content as necessary to provide the Service.
• We implement reasonable technical and organizational measures designed to protect your data, but no method is 100% secure.
• Use of the Service is subject to our Privacy Policy. If a Data Processing Agreement (DPA) is required, it applies where executed by both parties.

7. Third‑Party Services

The Service may integrate with third‑party products. Your use of third‑party services is governed by their terms, not ours. We are not responsible for third‑party services and make no warranties about them.

8. Intellectual Property

We and our licensors own all rights, title, and interest in and to the Service, including software, design, and branding. Except for the rights expressly granted in these Terms, no licenses are granted by implication or otherwise.

9. Feedback & Beta

We may offer beta or pre‑release features labeled as such. They are provided “as is,” may change or be discontinued, and may be subject to additional terms. If you submit feedback, you grant us a worldwide, royalty‑free license to use it to improve the Service.

10. Confidentiality

Each party may receive confidential information from the other. The receiving party will use the same care it uses to protect its own confidential information (and at least reasonable care) and will use such information solely to exercise rights and perform obligations under these Terms.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR‑FREE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. EXCEPT FOR PAYMENT OBLIGATIONS OR LIABILITY THAT CANNOT BE LIMITED BY LAW, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

13. Indemnification

You agree to defend, indemnify, and hold harmless Forkecast and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Service or violation of these Terms.

14. Termination

We may suspend or terminate access to the Service immediately for material breach or for cause (e.g., security risk, unlawful use, non‑payment). Upon termination, your license to use the Service ends. Certain sections survive termination, including those concerning fees, confidentiality, IP, warranties, limitations of liability, and indemnification.

15. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. The courts located in Henderson County, North Carolina shall have exclusive jurisdiction.

16. Changes to Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the effective date. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

17. Contact

Questions? Contact us at legal@forkecast.com.

If you need a signed DPA or a vendor security questionnaire, please reach out to our team.