These Terms of Service ("Terms") govern your access to and use of services, software, and websites (collectively, the "Service") provided by Forgecroft, Inc. ("Forgecroft"). By creating an account or otherwise accessing the Service, you agree to be bound by these Terms and our Privacy Policy. If using the Service on behalf of an organization, you represent that you have authority to bind that organization.
You must provide accurate, current, and complete information when creating an account and maintain the security of your credentials.
You must be at least 18 years old. The Service is intended for business use.
Notify us immediately at security@forgecroft.com of any unauthorized account use.
You are responsible for safeguarding all API tokens, keys, and credentials associated with your account. All activity occurring under your credentials, including actions taken by automated agents, scripts, or third-party integrations, is your responsibility. You must promptly revoke any credentials you believe have been compromised. Forgecroft is not liable for any damages resulting from unauthorized use of your credentials.
You agree not to misuse the Service. Prohibited activities include:
"Customer Data" means all data, content, and materials that you or your authorized users submit to the Service, including infrastructure code, configuration files, state files, environment variables, credentials, and any outputs generated by the Service on your behalf.
You retain all right, title, and interest in your Customer Data. Forgecroft does not claim ownership of Customer Data.
You grant Forgecroft a limited, non-exclusive license to process, store, and transmit Customer Data solely as necessary to provide and maintain the Service. We will not use Customer Data for any other purpose, including training machine learning models, benchmarking, or analytics beyond what is required to deliver the Service to you.
Upon account termination, Customer Data will be deleted from our active systems within 90 days. Backup copies may persist for up to an additional 90 days before being overwritten in normal rotation. You may export your Customer Data at any time while your account is active.
Forgecroft will use commercially reasonable efforts to keep the Service available. We do not guarantee uninterrupted or error-free operation.
On the Pro plan ($299/month), run concurrency may be limited during peak usage periods. For guaranteed concurrency and dedicated capacity, contact sales@forgecroft.com regarding Enterprise plans.
We may perform scheduled and emergency maintenance and will provide reasonable advance notice where possible.
Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law.
Fees are exclusive of all applicable taxes, which are your responsibility.
Forgecroft may suspend access to the Service for overdue payments after providing reasonable notice.
Free tiers and beta features are provided "as is" without any service level commitments. Forgecroft may modify, limit, or discontinue free tiers or beta features at any time without notice. Beta features may contain bugs or errors and are not recommended for production use.
The Service, including all software, documentation, trademarks, and other materials, is owned by Forgecroft or its licensors and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use Forgecroft's trademarks or branding without prior written consent.
Each party agrees to protect the other's Confidential Information with at least the same degree of care used to protect its own, and no less than reasonable care. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.
The Service integrates with and relies on third-party services, including cloud infrastructure providers, authentication providers, and payment processors. These services are subject to their own terms and conditions. Forgecroft is not responsible for the availability, accuracy, or conduct of any third-party service, and your use of such services is at your own risk.
You may terminate your account at any time through your account settings or by contacting us.
Forgecroft may suspend or terminate your access immediately for breach of these Terms, non-payment, or if required by law. We will provide reasonable notice where circumstances permit.
Upon termination, your right to access the Service ceases immediately. Sections that by their nature should survive termination will survive, including Customer Data (Section 4.4), Limitation of Liability, Indemnification, Confidentiality, and General Provisions.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. FORGECROFT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORGECROFT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES. FORGECROFT'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID TO FORGECROFT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Forgecroft, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.
Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, internet or infrastructure outages, labor disputes, or failures of third-party service providers. The affected party will promptly notify the other party and use reasonable efforts to mitigate the impact.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law provisions. Any disputes arising under these Terms will be resolved by binding arbitration under the AAA Commercial Arbitration Rules, except that either party may seek equitable relief in any court of competent jurisdiction.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Forgecroft regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
You may not assign or transfer these Terms without Forgecroft's prior written consent. Forgecroft may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Notices to you will be sent to the email address associated with your account. Notices to Forgecroft should be sent to legal@forgecroft.com.
For questions about these Terms:
Forgecroft, Inc. · legal@forgecroft.com