Terms of Service.

By accessing or using the Forkast platform, websites, dashboards, APIs, and related services (collectively, the “Service”), you agree to be bound by these Terms of Service (the “Terms”) and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you may not access or use the Service.

Forkast provides an AI-native revenue management platform for restaurant chains and multilocation operators. The Service ingests menu, sales, and competitive data to recommend prices, offers, and operational actions across locations, items, and channels.

We may update, improve, or modify features of the Service from time to time. We will use commercially reasonable efforts to notify you of any material changes that adversely affect your use of the Service.

• You must be at least 18 years old and able to form a legally binding contract to use the Service.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You agree to provide accurate, current, and complete information during registration and to keep that information up to date.
• You must notify us immediately of any unauthorized access or use of your account.

Access to certain features of the Service requires a paid subscription. Subscription fees, billing cycles, and included usage are described in your order form or on the pricing page applicable at the time of purchase.

• Fees are charged in advance on a recurring basis (e.g., monthly or annually) and are non-refundable except as required by law or expressly stated in these Terms.
• Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• We may revise our fees at any time, with reasonable advance notice for existing subscriptions.
• All fees are exclusive of applicable taxes, which are your responsibility.

“Customer Data” means any data, content, or information you or your authorized users upload, submit, or transmit through the Service, including menu, sales, point-of-sale, and guest analytics data.

• As between you and Forkast, you retain all right, title, and interest in and to your Customer Data.
• You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely as necessary to provide and improve the Service.
• You represent and warrant that you have all rights and consents necessary to upload Customer Data to the Service and that doing so does not violate any applicable law or third-party rights.
• We may use de-identified and aggregated data derived from your use of the Service to operate, improve, and benchmark the Service, provided such data does not identify you or any individual.

You agree not to, and not to permit anyone else to:

• Use the Service in any way that violates applicable law, regulation, or third-party rights;
• Reverse engineer, decompile, or attempt to discover the source code or underlying models of the Service, except as expressly permitted by law;
• Resell, sublicense, lease, or otherwise commercially exploit the Service without our prior written consent;
• Upload viruses, malicious code, or any content that is unlawful, harmful, or infringing;
• Interfere with or disrupt the integrity, security, or performance of the Service or its underlying infrastructure;
• Use the Service to build a competitive product or to benchmark its features for a competing offering.

The Service, including all software, models, algorithms, dashboards, documentation, and content provided by Forkast Restaurants (collectively, the “Forkast IP”), is owned by us or our licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term.

All rights not expressly granted to you in these Terms are reserved by Forkast and its licensors.

The Service may integrate with or link to third-party services, such as point-of-sale systems, payment processors, or analytics providers. Your use of those services is governed by their respective terms and privacy policies, and we are not responsible for their availability, accuracy, or content.

The Service generates pricing, promotional, and operational recommendations based on statistical models and the data available to it. These recommendations are intended as decision support, not as guarantees of business outcomes.

• You are solely responsible for the prices, promotions, and other actions you choose to implement.
• You must comply with all applicable laws and regulations, including those relating to pricing, advertising, taxation, and consumer protection, when acting on any recommendation.
• Forkast does not guarantee any specific revenue, profit, or operational result.

Each party may receive non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. The receiving party will use the same level of care to protect such Confidential Information as it uses to protect its own confidential information of similar importance, and will not use or disclose Confidential Information except as necessary to perform its obligations or exercise its rights under these Terms.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, Forkast disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising out of course of dealing or usage of trade.

To the maximum extent permitted by law, in no event will Forkast or its officers, directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or in connection with these Terms or the Service.

Our aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).

You agree to defend, indemnify, and hold harmless Forkast and its affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your Customer Data, (ii) your use of the Service in violation of these Terms or applicable law, or (iii) your violation of any third-party rights.

Either party may terminate these Terms at any time in accordance with the applicable order form or subscription plan. We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay applicable fees, or use the Service in a way that creates risk for us or other users.

Upon termination, your right to access the Service will cease, and we may delete your account and Customer Data after a reasonable period, except where retention is required by law. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and the parties consent to personal jurisdiction in those courts.

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by other reasonable means. Your continued use of the Service after the effective date of any update constitutes acceptance of the revised Terms.

• Entire Agreement. These Terms, together with any order form and our Privacy Policy, constitute the entire agreement between you and Forkast Restaurants regarding the Service.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.