Terms of Service

Terms and Conditions of Use of Forest's Services

Effective: September 1, 2016

Welcome to Forest (“Forest”, “ForestAdmin”, “we”, “our” or “us”). These Terms of Service (the “Terms of Service” and/or “Terms”) contain the legal terms and conditions that govern your use of and access to www.forestadmin.com and any related sites (the “Site”) and our software agents (each an “Agent”), Software, Documentation, and Content (collectively, the “Services”) (the Site and the Services are referred to collectively as the “Forest Properties”). Please review these Terms of Service carefully before using the Services.

If you have entered into a separate paid Enterprise agreement with us for specific services, then the terms of that agreement controls if it conflicts with these Terms.

If you have not entered into a separate paid Enterprise agreement with us for specific services, then by using the Forest Properties, completing the registration process, and/or browsing the Site or downloading any of our Agents, you represent that (1) you have read, understand, and agree to be bound by the Terms of Service, (2) you are of legal age to form a binding contract with Forest, and (3) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organization, “you” and “your” will refer to the entity you are representing.

1. Services

1.1. Forest May Discontinue the Services

Forest may choose to modify or discontinue the Services, including any portions of the Services as we update our offerings and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.

1.2. Forest May Modify These Terms

Forest may update these Terms from time to time. The most current version of these Terms will be posted on the Site. Any changes to the Terms will be effective immediately. Please check the Site regularly to view our then-current Terms.

1.3. Privacy

In general, your e-mail, address, website, phone number, and any other contact related data you submit to us (your “User Data”) is used either to respond to requests that you make, or to aid us in serving you better. Forest uses your User Data in the following ways: to facilitate the creation of and secure your account on our network; identify you as a user in our system; provide improved administration of our website, products, and related services; improve the quality of experience when you interact with our website, products, and related services; send you a welcome e-mail; send you administrative e-mail notifications, such as security or support and maintenance advisories; respond to your inquiries related to employment opportunities or other requests; send promotional communications; provide you with hardcopy or electronic newsletters, or surveys; send upgrades and special offers related to our products and related services and for other marketing purposes of Forest, should you request to receive such communications from us.

Forest does not store any of your Application Data (defined below) that are going through our interface. Only the schemas of your database, metadata about your database and information regarding the actions performed within our interface are kept. Those are securely stored so that no sensitive client data is ever available in those records, either to Forest or third parties.

1.4. Your Account

In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself (as part of your User Data) prompted by our registration form; and (2) maintain and promptly update the User Data to keep it true, accurate, current and complete. You agree not to create an account using a false identity or information. It is your responsibility to safeguard the login and password that you use to access the Services and you agree not to share your login and password with any third party, including not sharing your login amongst two or more users. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. You should notify Forest immediately of any unauthorized use of your account.

1.5. Support

Forest shall use reasonable efforts to provide Support for the Services as during the length of the contract. Customer Support shall be open during business hours (9AM - 6PM, CET) and shall be performed via email. Live chat and or phone support services are not guaranteed. Outside those hours, Forest shall not be held accountable for any delay. Additional support is provided with our user guides and documentation at http://doc.forestadmin.com (“Documentation”).

1.6. Forest Proprietary Rights

Except with respect to your Application Data (defined below) and any information, data, text, music, sound, photographs, video, messages or other materials submitted by you or other users (“User Content”), you agree that Forest and our suppliers own all rights, title and interest in the Forest Properties and Content. Forest’s Software and other technology that may be used to provide the Services are protected by copyright, trademark, and other laws of both Belgium and foreign countries. These terms do not grant you any right, title, or interest in any of the Forest Properties or any Content other than your Application Data and your User Content. These Terms do not grant you any rights to use the Forest trademarks, logos, domain names, or other brand features.

2. Use

2.1. The Service is Available “AS-IS” AND WITHOUT WARRANTY

FOREST PROVIDES THE FOREST PROPERTIES “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOUR USE OF THE FOREST PROPERTIES IS AT YOUR OWN RISK. FOREST PROVIDES THE FOREST PROPERTIES WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Forest makes no warranty or condition that the Forest Properties will meet your requirements or be uninterrupted, timely, secure or error-free. Forest makes no warranty or condition that results obtained from your use of the Forest Properties will be accurate or reliable or that any errors in the Forest Properties will be corrected. Forest will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Forest Properties. No advice or information, whether oral or written, obtained by you in connection with your use of the Forest Properties shall create any warranty not expressly stated in these Terms.

2.2. Forest’s Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOREST, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FOREST HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

2.3. Use of the Forest Properties

Subject to compliance with these Terms of Service, Forest grants to you a limited, non-exclusive, non-transferrable right to: (i) access and use the Forest Properties for your business purposes; and (ii) use the Documentation in support of such access and use of the Forest Properties. Unless otherwise specified by Forest in a separate license, your right to use any Forest Properties is subject to the Terms.

2.4. Your Application Data

Use of the Services may depend on your transmission of certain data (your “Application Data”). You retain all rights and ownership in your Application Data. We do not claim any ownership rights in your Application Data. You shall be solely responsible for ensuring that any processing of Application Data by Forest and/or you via the Services does not violate any applicable laws. Forest provides you with the option to encrypt the transmission of your Application Data. You acknowledge that it is your responsibility to encrypt the transmission of your Application Data should you wish to protect it. In the event you decide not to utilize encryption and transmit your Application Data unencrypted over a network, you assume all related risks for doing so. Forest will not be liable for any liabilities arising from your use of the Services (including your transmission of Application Data) over the internet or other network.

2.5. Governing Law

The Terms and any action related thereto will be governed and interpreted by and under the Belgian law, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Enquiries

For all enquiries related to these Terms, you can reach us per email at legal@forestadmin.com.