Terms of Service

1. Agreement to Terms

Welcome to ForeSales. These Terms of Service ("Terms") govern your access to and use of our AI-powered sales forecasting and inventory optimization platform, including our website at foresales.io, mobile applications, and related services (collectively, the "Service"), operated by ForeSales ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. 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. Description of Service

ForeSales provides an AI-powered platform designed to help businesses with:

• Sales forecasting using machine learning and Google Gemini AI
• Inventory optimization and stock level recommendations
• Demand prediction based on historical data and market trends
• Data import and analysis from various file formats
• Real-time industry insights and alerts
• Team collaboration features

3. Account Registration

To access certain features of the Service, you must create an account. When creating your account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately if you discover or suspect any security breaches
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for an extended period.

4. Subscription Plans and Payment

4.1 Free Trial

We offer a 14-day free trial for new users. No credit card is required to start your free trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service.

4.2 Paid Subscriptions

If you choose a paid subscription, you agree to pay the applicable fees. Fees are billed in advance on a monthly or annual basis, depending on your chosen plan. All fees are non-refundable unless otherwise specified or required by law.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.

4.4 Price Changes

We may change our pricing at any time. If we change pricing for your subscription plan, we will notify you at least 30 days before the change takes effect. Continued use of the Service after the price change constitutes acceptance of the new pricing.

5. Your Content and Data

5.1 Ownership

You retain all rights to any data, content, or information you upload, submit, or transmit through the Service ("Your Content"). ForeSales does not claim ownership of Your Content.

5.2 License to ForeSales

By using the Service, you grant ForeSales a worldwide, non-exclusive, royalty-free license to use, process, and analyze Your Content solely for the purpose of providing, maintaining, and improving the Service, including training and improving our AI models. We will not share Your Content with third parties except as described in our Privacy Policy.

5.3 Your Responsibilities

You are solely responsible for Your Content and represent that you have all necessary rights to upload and use such content with our Service. You agree not to upload content that infringes on intellectual property rights, contains malware, or violates any applicable laws.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law
• Infringe on the intellectual property rights of others
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service or other systems
• Interfere with or disrupt the integrity or performance of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service for any fraudulent or deceptive purposes
• Share account credentials with unauthorized parties
• Resell or redistribute the Service without authorization

7. Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology (excluding Your Content), is and will remain the exclusive property of ForeSales and its licensors. The Service is protected by copyright, trademark, patent, and other intellectual property laws.

Our trademarks, logos, and service marks may not be used in connection with any product or service without our prior written consent.

8. AI-Generated Content and Forecasts

Our Service uses artificial intelligence, including Google Gemini AI, to generate forecasts, predictions, and recommendations. You acknowledge and agree that:

• AI-generated forecasts are predictions based on historical data and algorithms, and are not guarantees of future results
• The accuracy of forecasts depends on the quality and completeness of the data you provide
• You are solely responsible for any business decisions made based on our forecasts
• ForeSales is not liable for any losses or damages resulting from decisions made using our AI-generated insights
• Market conditions, external factors, and unforeseen events can affect the accuracy of predictions

9. Third-Party Services

The Service may integrate with or contain links to third-party websites, services, or applications. We do not control or endorse these third-party services and are not responsible for their content, privacy policies, or practices. Your use of third-party services is at your own risk and subject to their respective terms.

10. Disclaimer of Warranties

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, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORESALES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless ForeSales and its officers, directors, employees, agents, and affiliates 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, Your Content, or your violation of these Terms.

13. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. We may delete Your Content within a reasonable time after termination, subject to our data retention policies and legal obligations.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the change becoming effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ForeSales regarding your use of the Service and supersede all prior agreements and understandings.