Terms of Service

Last Updated: October 18th, 2022

Welcome to Forethink, Inc. d/b/a Forethink (“Forethink”) located at https://forethink.ai (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://forethink.ai/privacy) carefully because they govern your use of our Site and our services which include functionality that centralizes and provides instant access to conversations and files that are accessible via our Site and Browser Extension. To make these Terms easier to read, the Site, our services and Browser Extension are collectively called the “Services.”

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

As used in these Terms, “we,” “us” and “our” refer to Forethink, and “you” and “your” refer to you as an individual. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

By downloading or installing or using the Browser Extension, (1) you acknowledge that you agree to be bound by these Terms, and (2) you represent that you have the authority to enter into an Agreement for these Terms. If you do not agree to all terms and conditions you should discontinue the download or stop the installation of the Browser Extension (as the case may be), or should discontinue any use of the Browser Extension.

Privacy Policy

Please refer to our Privacy Policy (https://forethink.ai/privacy) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FORETHINK WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Account

If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Google or Slack (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Beta Services

If you are accessing and using an alpha or beta version of the Services, you acknowledge that: (i) the Services are in both form and may not operate properly or be fully functional, and may contain errors, design flaws or other problems; (ii) use of the Services may result in unexpected results, corruption, or loss of data, information, content or communications, or other unpredictable damage or loss; and (iii) Forethink has no obligation to release a final version of the Services. You assume all risk arising from use of the alpha and beta Services, including, without limitation, the risk of corruption or loss of data, information or content.

Your Content

The Services allow you to (i) link your Account to various accounts that you have with third party services (“Third Party Accounts”) including, but not limited to, e-mail accounts, Google Calendar, and Google Docs, and (ii) upload and submit files, documents, and other data to the Services directly or access files, documents and other data that you submit to or host on those Third Party Accounts via your Account. In addition, the Services allow you to link your account to files, documents and other data stored locally on your computer including, but not limited to, browser history, browser bookmarks, and download history. All such files, documents and other data are “Your Content.” By linking those Third Party Accounts and local data storage with your Account, you authorize Forethink to access, use and, in certain cases, store Your Content from those Third Party Accounts on the Services. The Services also allow you to share Your Content with other users if you explicitly grant permission for other users to view Your Content. However, sharing Your Content does not change ownership; Your Content is still owned by you.

You grant to Forethink all applicable licenses and permissions, on a non-exclusive, transferable, sublicensable, worldwide and royalty-free basis, to use, copy, modify (for formatting purposes only), display, perform and distribute copies of Your Content in connection with provision of the Services to you and other Account holders. This means that we will display Your Content to you as you use the Services. However, Forethink will not make Your Content available to other users of the Services, unless you grant permission for other users to view Your Content as noted above. Forethink does not claim any ownership rights in Your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your Content.

You are solely responsible for all of Your Content. You represent and warrant that you own all of Your Content, or that you have all the rights or permissions (including, but not limited to, permissions from any Third Party Account providers or owners) necessary to grant Forethink the rights in Your Content under these Terms. You also represent and warrant that Your Content does not: (i) infringe any third party intellectual property rights, rights of publicity or privacy; (ii) violate any applicable laws; or (iii) contain a virus, malicious code or any other harmful component. Forethink has no responsibility to you or to any third party in connection with Your Content, and you are solely responsible for any losses or damages suffered by Forethink in connection with Your Content.

Your Content stays local on your device and is never collected in a centralized data storage location removed from your computer. Forethink will never store Your Content away from your computer without your expressed and documented consent. Any questions or concerns can be directed to help@forethink.ai.

Although we’re not obligated to screen, review, monitor or filter Your Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove, delete or disable any portion of Your Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of Your Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, and may consult and cooperate with law enforcement authorities regarding such violations.

Forethink’s use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Your Responsibilities

You agree that you will not use the Services if you are under the age of 18 or not capable of forming a binding contract with Forethink. You are responsible for all activities that occur under your Account, and you will not permit any other person or entity to access or use the Services via your Account.

You are responsible for providing the equipment and services that you need to access, download, install and use the Services. Forethink does not guarantee that the Services are accessible on any particular equipment or with any particular software or service plan.

If you use the Services on a mobile device, you are solely responsible for all message and data fees charged by the wireless service provider. Forethink is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.

You are responsible for protecting any login information associated with your Account, such as your username and password, as well as for protecting the information on your computer or your other devices, for example by installing anti-virus software, updating your applications, password protecting your files and preventing third party access to your computer.

You will not interfere with or disrupt the Services or attempt to gain access to any systems or networks that connect to the Services (except as required to access and use the Services). You will not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services; or (iv) make the functionality of the Services available to multiple users through any means. You may not access or use (or permit a third party to access or use) the Services for purposes of monitoring the availability, performance or functionality of the Services or for any other benchmarking or competitive purposes.

Fees

Certain features of the Services are available without charge and others are only provided in exchange for a fee (“Fee”). In order to access, download, install and use the fee-based Services, you will pay Forethink the Fee according to the terms on the order form or other agreement that you used to purchase the fee-based Services (“Purchase Order”). Forethink reserves the right to change the Fee and charge a fee for features that may have been provided free of charge upon thirty (30) days advance notice to you, or upon such other terms provided in the Purchase Order.

Your fee-based Services will not be activated until your first payment is received. Payments are due in accordance with the Purchase Order (e.g., annually or monthly in advance), and may be automatically charged to the credit card that you provided when you purchased the fee-based Services. In the event that you upgrade your Service during a subscription term (e.g., from a trial or free basis to a premium basis), you may be charged additional fees on a pro rata basis. If you cancel your fee-based Services, we will start processing your cancellation request as soon as possible using commercially reasonable efforts.

If we do not receive payment in full of any Fee you owe to Forethink in a timely manner, we may, at our sole option, terminate your access and use of all or part of the Services and/or pursue collection of such Fee, in which case you agree to pay all costs of the collection, including, without limitation, all court costs and reasonable attorneys’ fees.

We reserve the right to rely on third party payment service providers such as Stripe to collect payment of Fees. You must comply with the third party payment service provider’s terms made available to you. If you do not agree with the third party payment service provider’s terms, then do not sign up for the fee-based Services.

Your Right to Use the Services

Subject to your compliance with these Terms and any terms contained in the Services, Forethink grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access, download, install and use the Services, including downloading and installing an instance of the Services where appropriate and required by the functionality of the Services.

Our Ownership of the Services

For purposes of these Terms, “Forethink Content” means all materials that are part of the Services, including, but not limited to, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Services and their content (except for Your Content), and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features located on the Services. Forethink exclusively owns all right, title and interest in and to the Services and Forethink Content, including all associated intellectual property rights therein. You acknowledge that the Services and Forethink Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Forethink Content.

We welcome feedback, comments and suggestions for improvement to the Services (“Feedback”). You acknowledge and agree that all Feedback will be the sole and exclusive property of Forethink and that Forethink may use the Feedback at its sole discretion in connection with the Services. You hereby assign to Forethink and agree to assign to Forethink all of your right, title and interest in and to your Feedback, including all intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining our intellectual property rights and other legal protections for the Feedback.

Forethink owns all right, title and interest in and to any usage data derived from your use of the Services (“Usage Data”). Forethink has the right to: (i) aggregate such Usage Data with usage data from Forethink’s other customers and Account holders; (ii) use any of the foregoing Usage Data or aggregate data for Forethink’s own business purposes, including for marketing, support and product development purposes; and (iii) disclose such Usage Data in aggregate and/or other identified form in connection with its business. That said, Usage Data will not be directly created or based on Your Content.

Rights in Forethink Content Granted by Forethink

Subject to your compliance with these Terms, Forethink grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Forethink Content solely in connection with your permitted use of the Services.

General Prohibitions and Forethink’s Enforcement Rights

You agree not to do any of the following:

DMCA/Copyright Policy

Forethink respects copyright law and expects its users to do the same. It is Forethink’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Forethink’s Copyright Policy (https://forethink.ai/copyright), for further information.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

These Terms will terminate when you fail to comply with any term or condition of these Terms. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by notifying Forethink of your desire to cancel by email at help@forethink.ai or in writing at 38 Carriage Ln, New Cannan, CT 06840-4401, USA.

Upon any termination, discontinuation or cancellation of Services or your Account:

Warranty Disclaimers

you understand and agree that your use of the services is at your sole risk. The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content. No advice or information obtained from Forethink or elsewhere will create any warranty not expressly stated in these Terms. Forethink will have no liability for any claims, losses or damages caused by Your Content or any results produced by the Services based upon Your Content. You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that we are not responsible for any losses of your data, confidentiality or privacy in connection therewith.

Indemnity

You agree to indemnify, defend and hold Forethink and its affiliates, officers, directors, employee and agents harmless, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) Your Content and (iii) your violation of these Terms.

Limitation of Liability

NEITHER FORETHINK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORETHINK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL FORETHINK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO FORETHINK FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FORETHINK.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FORETHINK AND YOU.

Export Laws

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Dispute Resolution

Agreement to Arbitrate

You and Forethink agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Forethink with written notice of your desire to do so by email or regular mail at 38 Carriage Ln, New Cannan, CT 06840-4401, USA within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Forethink with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Forethink with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Forethink with an Arbitration Opt-out Notice, you acknowledge and agree that you and Forethink are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Forethink otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Forethink otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Forethink submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Forethink will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Arbitration Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Forethink will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Forethink changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.client.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Forethink’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Forethink in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between the parties regarding its subject matter, and supersede and replace any and all prior oral or written understandings or agreements between the parties. The parties to these Terms are independent contractors and these Terms will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other party’s prior written consent. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Forethink’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Forethink may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. All notices under these Terms made by Forethink will be (i) via email or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Forethink’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Forethink. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Forethink at help@forethink.ai or by writing to us at 38 Carriage Ln, New Cannan, CT 06840-4401, USA.