Legal
Terms of Service
Last updated: October 28, 2026
These Terms of Service, including any other document referencing these Terms of Service, (collectively, “Agreement”) are entered into between you and Forge Frameworks Inc. (“Forge Frameworks”, “we”, “us” or “our”) and govern your access to and use of Forge Frameworks’ online services, including but not limited to the Forge Frameworks website available at forgeframeworks.ca, including all subdomains (“Website”), the Forge Frameworks desktop platform (“Platforms”), the Forge Frameworks applications (“Applications”) and any other Platforms, Applications, products or services to which Forge Frameworks applies this Agreement (collectively, “Service”).
BY EXECUTING AN AGREEMENT THAT REFERENCES THESE TERMS OF SERVICE, BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION, OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THIS AGREEMENT AND ARE AGREEING TO THIS AGREEMENT FOR THAT ORGANIZATION. WHERE YOU ARE AGREEING TO THE SERVICE ON BEHALF OF AN ORGANIZATION, “YOU” AND “YOUR” REFERS TO THE ORGANIZATION.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND FORGE FRAMEWORKS. PLEASE READ THE ENTIRETY OF THIS AGREEMENT CAREFULLY.
1. Forge Frameworks Services
The Platforms, Applications and Service more generally, provide our users with a variety of business-to-business software solutions designed to make your business management smoother. Key components of the Service currently include:
- Cookies Privacy Manager (“CPM”), a cookie and privacy consent management platform that enables businesses to obtain, record, manage, and demonstrate visitor consent and preferences regarding cookies and similar technologies, currently hosted on the domain cookiesprivacymanager.com; and
- FieldForge (“FF”), a cloud-based scheduling and workforce management platform that enables businesses to manage schedules, employees, contractors, customers, jobs, appointments, field operations, and related business activities.
In addition to CPM and FF, we are consistently working to develop, commercialize and bring forward a variety of new products, applications, features, services, applications and services. For clarity, such new products and services do not form part of the Service and, unless expressly stated otherwise, such products and services are or will be governed by their own separate terms. For more information about the Service or Forge Frameworks in general please refer to our Website, or contact us at support@forgeframeworks.ca.
2. Accounts
2.1 Access and Creation. The Service is provided primarily through one of our Platforms or our Applications, which provide you with the ability to register a single user account (“Account”) directly through the Platform or Application or indirectly through a third-party single sign on (for example, your Google account). In order to register an Account or otherwise use certain features of the Service, you must be: (i) at least 18 years old or the age of majority in your jurisdiction (whichever is older); and (ii) legally authorized to enter into a contract with Forge Frameworks. You represent and warrant that you are authorized to enter into this Agreement. In addition to the Platform, our Website provides you with access to publicly accessible content, for example, general information about Forge Frameworks, the Platform and related content.
2.2 Account Types. Accounts are divided into: (a) individual accounts, for individual users to personally access and use the Service (each, an “Individual Account”); and (b) enterprise accounts, for businesses, companies, enterprises, partnerships and other groups or entities that wish to use the Service in order to oversee, and, as applicable, manage how their employees, contractors, agents, franchisees or representatives use the Service (each, an “Enterprise Account”).
2.3 Log-in Information. As an Account holder, you shall: (a) provide Forge Frameworks with accurate contact information, as requested by Forge Frameworks, including but not limited to your name, username, current email address, and such other contact information as required to register; (b) maintain the confidentiality of your Account log-in information (“Log-in Information”), which you shall use each time you log into your Account on the Service; (c) maintain and promptly update your contact and Log-in Information; (d) use commercially reasonable efforts to manage and ensure the security, confidentiality and authorized use of your Log-in Information and shall not share it with any other person or entity; and (e) be responsible for all activity through the Service that originates from any Account logged in through your Log-in Information. By using the Service and registering an Account, you hereby acknowledge that Forge Frameworks is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your Log-in Information. If you detect unauthorized access to or use of your Account, you shall promptly notify Forge Frameworks of such unauthorized access or use. For more information on the information Forge Frameworks may collect as part of the Account registration process, please review our Privacy Policy, available at https://forgeframeworks.ca/privacy
3. Subscription
3.1 License and Subscriptions. Forge Frameworks hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, royalty free, revocable license to access and use, in accordance with this Agreement and subject to your prior payment of all applicable fees, the: (a) applicable Platform and/or Application through a single registered Account and free or paid subscription (each, a “Subscription”); and (b) Website. The Service usage and license rights, functionality and features associated with your Subscription are as agreed to between you and Forge Frameworks.
3.2 Enterprise Account Administration. Enterprise Account holders are provided with different permissions on the Service corresponding with their Subscription or the agreed upon customizations such Account holder may agree to with Forge Frameworks in writing. In certain instances, Enterprise Account holders may oversee, manage, assign and review the licenses granted to team members (“Member”) whereby each Member is granted access to an Individual Account under the Enterprise Account holder’s Subscription. In such instances, each Member assigned under an Enterprise Account will create their own Log-In Information and the Enterprise Account holder is responsible for ensuring all of their Members’ acceptance to and compliance with this Agreement. Where you are the holder of an Enterprise Account, the license granted to each Member shall extend to cover the number of licensed seats made available under your Subscription to each individual Member that you authorize to access the Service through the licensed seats included in your Subscription (“Authorized Users”). As the holder of an Enterprise Account, you hereby acknowledge and agree that you are solely responsible and liable for all acts and omissions of your Authorized Users in connection with their access to and use of the Service as if they were your own. Under restrictive access Subscription tiers, Enterprise Account holders may have a Subscription or customization that limits their permissions and management abilities on the Service. In such instances, the Enterprise Account holder’s features, permissions and limitations are as described on the Service or in another agreement between you and Forge Frameworks in writing.
3.3 Individual Account Administration. Under certain Subscription tiers, holders of an Individual Account may grant sub-account access to certain employees, customers and other third-parties. The restrictions, permissions and limitations associated with sub-account access can be customized by the respective Individual Account holder and are limited by the terms of Subscription. As the holder of an Individual Account with sub-account permissions, you hereby acknowledge and agree that you are solely responsible and liable for all acts and omissions of any and all third-parties in connection with their access to and use of the Service as if they were your own. You must also ensure all third-parties agree to the terms of this Agreement before being granted sub-account access. Forge Frameworks reserves the right to suspend or terminate your Account and any sub-accounts you have authorized where you or any sub-account user authorized by you has failed to comply with this Agreement or any other agreement between you and Forge Frameworks.
3.4 Enterprise Account Administration. Enterprise Account holders are provided with different permissions on the Service corresponding with their Subscription or the agreed upon customizations such Account holder may agree to with Forge Frameworks in writing. In certain instances, Enterprise Account holders may oversee, manage, assign and review the licenses granted to team members (“Member”) whereby each Member is granted access to an Individual Account under the Enterprise Account holder’s Subscription. In such instances, each Member assigned under an Enterprise Account will create their own Log-In Information and the Enterprise Account holder is responsible for ensuring all of their Members’ acceptance to and compliance with this Agreement. Where you are the holder of an Enterprise Account, the license granted to each Member shall extend to cover the number of licensed seats made available under your Subscription to each individual Member that you authorize to access the Service through the licensed seats included in your Subscription (“Authorized Users”). As the holder of an Enterprise Account, you hereby acknowledge and agree that you are solely responsible and liable for all acts and omissions of your Authorized Users in connection with their access to and use of the Service as if they were your own. Under restrictive access Subscription tiers, Enterprise Account holders may have a Subscription or customization that limits their permissions and management abilities on the Service. In such instances, the Enterprise Account holder’s features, permissions and limitations are as described on the Service or in another agreement between you and Forge Frameworks in writing.
3.5 CPM Subscription. For clarity, where your Subscription includes access to and use of CPM, the foregoing license in Section 3.1 shall also be deemed to include the right to install and deploy the CPM scripts, tags and consent banners provided by Forge Frameworks on the website(s) that you own or control, and to display them to visitors of those websites, solely in connection with your permitted use of CPM, as may be further described in your Subscription terms. Where you hold an Enterprise Account, the foregoing license extends to the employees, contractors and representatives that you authorize to access the Service through the licensed seats included in your Subscription (“Authorized Users”), and, in connection therewith, you hereby acknowledge and agree that you are solely responsible and liable for all acts and omissions of your Authorized Users in connection with their access to and use of the Service as if they were your own.
3.6 Subscription and License Limitations. You shall use the Subscription solely for your personal or commercial purposes, in each case as provided for under your applicable Subscription tier and for the duration of the Agreement (“Term”). Further details on the Subscription may be available on the Platform, Website or other agreement between you and Forge Frameworks. You are not permitted to share your Subscription with any other person or entity, and Forge Frameworks reserves the right to cancel your Subscription, terminate your Account, or exercise its discretion in limiting or suspending your ability to access the Service in the event you breach this Agreement. Your failure to comply with this Agreement may result in automatic termination of your Account or your access to the Service. Note that Enterprise Account holders are provided with a set number of licensed seats available to them based upon their Subscription tier. Enterprise Account holders are responsible for ensuring all Authorized Users accessing the Service or Platform as part of their Subscription accept and comply with this Agreement. Seats licensed to Authorized Users under an Enterprise Account Subscription may not be shared or used by more than one Authorized User at a time, but may be reassigned to a replacement Authorized User, provided that the number of Authorized Users does not at any time exceed the total number of licensed seats included in your applicable Subscription tier. Further details on the features, restrictions and related information for Enterprise Account Subscriptions are available on the Website, Platform, Account page or by contacting us using the information below.
4. Use of the Service
4.1 Features. Service features, functionality, usage and rate limits, device limitations, integrations, and other components of the Service associated with your Subscription (collectively, “Features”) are as described in your applicable Subscription package. The Features available under a Subscription are subject to change on one or more occasions at any time and without notice. Current information regarding Subscriptions, Features and pricing are available on the Forge Frameworks Website and/or in your Account.
4.2 Authorized Use. All users are required to use the Service in conformance with all applicable laws and regulations and shall not:
- knowingly provide false or inaccurate information to Forge Frameworks;
- share your Subscription, Account, Log-in Information or any Features available to you with any other person or entity;
- publicly or privately disclose, share, leak or otherwise transmit, directly or indirectly, any promotional codes, qualifications, registration numbers and/or related information made available to you part of your Subscription and use of the Service;
- engage in conduct constituting improper use of the Service, in a manner that exceeds reasonable volume or constitutes excessive or abusive usage;
- use the Service to send spam and other communications prohibited by applicable laws and regulations;
- decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;
- reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish, or distribute the Service, unless expressly permitted by Forge Frameworks;
- scrape, crawl, or harvest any data or personal information from the Service;
- break, disrupt or attempt to break or disrupt any device used to support the Service or knowingly exploit a flaw or bug in the Service;
- use the Service to store or transmit material that is infringing, libelous, unlawful or in violation of any person’s rights;
- harass, abuse, bully, stalk, threaten or impersonate any person through the Service;
- sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by Forge Frameworks;
- promote, encourage or undertake illegal activity or communicate, link to, post, stream, submit or upload content that contains objectionable or offensive conduct through the Service;
- disparage, harm or otherwise tarnish the reputation of Forge Frameworks or any of Forge Frameworks’ third-party partners;
- use the Service to train artificial intelligence or large language models;
- use the Service to build a competitive service or product, or copy any Feature, function or graphic for competitive purposes; or
- use the Service to infringe or violate third party rights, including but not limited to: (i) contractual rights, (ii) copyright, patent, trademark, trade secret rights or other intellectual property rights, (iii) privacy rights, (iv) publicity rights, or (v) confidential information; or
- otherwise use the Service in any manner that violates these Terms, the Privacy Policy or any other agreement between you and Forge Frameworks,
as determined by Forge Frameworks in its sole discretion. Failure to comply with this Section may result in termination of your access to the Service and your Account (as applicable) and/or legal consequences.
4.3 Excess Usage. Forge Frameworks reserves the right to monitor and reasonably restrict your ability to use the Service if using excessive computing resources impacting performance of the Service for Forge Frameworks and/or other users, as determined by Forge Frameworks acting reasonably. Forge Frameworks shall provide you with prior written notification in cases where it restricts such use and employ good faith efforts to determine an appropriate alternative or workaround solution prior to restricting your ability to use the Service.
4.4 Availability. The Service may be unavailable due to maintenance or unforeseen cause beyond Forge Frameworks’ reasonable control, including but not limited to, internet service provider issues, power or communications network failures, denial of service attacks or similar attacks, or any force majeure events. Such Service unavailability does not constitute a breach of the Agreement. Forge Frameworks disclaims all liability relating to Service unavailability.
4.5 Third Party Applications. The Service may feature integrations and embedded third-party services (“Third Party Services”). The Agreement does not grant any license, right, title or interest in Third Party Services and you may be required to enter into agreements with one or more third parties in order to use such Third Party Services, which agreements you are solely responsible for determining the suitability of. If you use Third Party Services, Forge Frameworks may permit Third Party Services to access User Data (as defined below) as required for the integration or use of such Third Party Services with the Service and as further permitted by Forge Frameworks’ Privacy Policy. Integration of Third Party Services is contingent upon third parties permitting Forge Frameworks to integrate the Service with their respective Third Party Services and such permission and/or integration may end at any time without notice or compensation to you. Additionally, the Service may also include open-source or other third-party software components, which are provided under, and remain subject to, their respective license terms. For further information on our open-source and other third-party integrations, components and licenses please reach out to us using the information found below.
4.6 Mobile Applications; App Store Terms. In the event you download or access an Application through the Apple App Store, Google Play or another third-party platform provider’s marketplace (each, an “App Provider”), you hereby acknowledge and agree that: (a) this Agreement is between you and Forge Frameworks only, and not with the App Provider, and Forge Frameworks is solely responsible for the Application; (b) the App Provider has no obligation to provide any maintenance or support services for the Application; (c) if the Application fails to conform to an applicable warranty, you may notify the App Provider and the App Provider may refund any purchase price paid for the Application and, to the maximum extent permitted by applicable law, the App Provider has no other warranty obligation with respect to the Application; (d) the App Provider is not responsible for addressing any claims by you or any third party relating to the Application, including product liability claims, claims that the Application fails to conform to applicable legal or regulatory requirements, and claims under consumer protection or similar legislation; (e) if a third party claims that the Application or your possession or use of it infringes that third party’s intellectual property rights, Forge Frameworks is responsible for the investigation, defence, settlement and discharge of that claim to the extent required by this Agreement or applicable law; (f) the App Provider and its subsidiaries are third-party beneficiaries of this Agreement as it relates to your license of the Application and, upon your acceptance of this Agreement, the App Provider has the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary; (g) you shall comply with the App Provider’s applicable terms of service and usage rules when using the Application; (h) you represent and warrant that you are not located in a country subject to a Canadian or United States government embargo or designated as a “terrorist supporting” country, and that you are not listed on any Canadian or United States government list of prohibited or restricted parties; and (i) purchases and subscriptions made through an App Provider are processed by the App Provider and are subject to the App Provider’s payment, billing, cancellation and refund terms.
4.7 Privacy Policy. Use of the Service is governed by a Privacy Policy detailing how Forge Frameworks collects, uses and discloses personal and anonymous data about you and is available at https://forgeframeworks.ca/privacy as updated on one or more occasions. You are responsible for reading the Privacy Policy and Forge Frameworks strongly recommends you review the Privacy Policies of those third-parties who may have Third Party Services integrated into the Service. If you disagree with Forge Frameworks’ then-current Privacy Policy, you must immediately stop use of the Service and contact Forge Frameworks at support@forgeframeworks.ca.
5. Fees & Payment
5.1 Subscription Service Plans. Each Subscription requires you to agree to a specific tier on the Website or through the Platform. Your Subscription tier may contain access to different Features. In certain instances, Forge Frameworks may offer you with a customized Subscription, the terms of which shall be negotiated under a separate agreement between you and Forge Frameworks, incorporating the terms of this Agreement.
5.2 Fee Payment. You shall pay Forge Frameworks the Subscription fee agreed to when selecting your applicable Subscription tier (“Subscription Fee”), as well as any additional fees and charges agreed to by you and Forge Frameworks, including but not limited to any in-Platform purchases (“Additional Fee”). You shall be automatically charged the Subscription Fee for each Term and Renewal Term (defined below) you continue to use the Service. Please note that before you purchase a Subscription that automatically renews, Forge Frameworks will disclose to you the automatic renewal terms, the Subscription Fee (or how it will be calculated), the length of each Renewal Term and how to cancel, and will obtain your affirmative consent to those terms. Where required by applicable law, Forge Frameworks will also provide you with an acknowledgment of the automatic renewal terms and cancellation instructions after purchase, and a reminder notice before your Subscription renews. You may cancel automatic renewal at any time as described in Section 5.4, and cancellation will be available through a method at least as easy as the method you used to subscribe. Subscription Fees and Additional Fees are non-refundable except where expressly permitted by Forge Frameworks in writing or in accordance with the laws of your jurisdiction. Forge Frameworks may increase the Subscription Fee by providing written notice of the change at least 30 days before the start of a Renewal Term. If you elect to pay by credit card, you hereby authorize Forge Frameworks or a third party designated by Forge Frameworks (for example, Stripe) to charge the credit card you provide for all fees owed to Forge Frameworks. By providing your credit card or other payment information to Forge Frameworks or a designated third party, you represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with your payments to Forge Frameworks; and (b) the information you provide for payment purposes is true, correct and complete. You shall provide a valid credit card and if such credit card changes or expires, or is revoked, disputed or not valid for any other reason, Forge Frameworks may suspend your use of the Service or otherwise terminate the Agreement. By submitting payment information, you grant Forge Frameworks the right to provide such information to third parties, for the purpose of facilitating your purchases with Forge Frameworks. Forge Frameworks reserves the right to refuse or cancel any Subscription Fee, Additional Fee, or other purchase with Forge Frameworks for reasons including but not limited to suspected fraud or any other reason, as determined in Forge Frameworks’ sole and absolute discretion.
5.3 Subscription Changes. You may upgrade your Subscription by paying an Additional Fee (prorated to the date of the month or year in which you upgraded and payable on the subsequent Subscription Fee billing cycle) or downgrade, upon Forge Frameworks’ approval of your downgrade request. Subscription downgrades take effect at the end of your current Subscription Fee billing cycle, and you will have access to all Features available under your current Subscription tier until the end of such billing cycle.
5.4 Cancellation and Deletion. You may cancel your Subscription at any time during the Term directly through the Website and/or Platform. For Individual Account users with a paid Subscription, your cancellation will result in the paid Subscription associated with your Individual Account being terminated. Notwithstanding the automatic downgrade: (a) access to your paid Subscription will not terminate until the end of your Subscription Term; and (b) you will remain liable for all charges and fees accrued under your paid Subscription and shall not receive a refund for any Subscription Fee or Additional Fee already paid. Should you wish to delete your Individual Account, you may do so directly through the Website and/or Platform and will remain liable for all charges and fees accrued under your Subscription up to the date your Subscription Term would expire. If you choose to delete your Individual Account, all User Data (defined below) and associated data including your Account and Log-in Information, to the extent held by Forge Frameworks, will be deleted, except as expressly provided for in the Agreement, the Privacy Policy or as required by applicable law. You may re-instate your Individual Account and applicable Subscription within one year to keep the data previously uploaded to the Service. If you wish to delete your Enterprise Account, please contact Forge Frameworks using the information found below.
5.5 Overdue Invoice. Following your failure to pay an invoice or any fees due and owing to Forge Frameworks, Forge Frameworks may suspend your Account or access to the Service and, before reinstating your Account or resuming the Service, may require that you pay: (a) all outstanding amounts; and (b) all amounts that will become payable during the remainder of the Term.
5.6 Taxes. Subscription Fees as well as any Additional Fees and other charges agreed to by you and Forge Frameworks exclude taxes, duties and charges, which you shall pay.
5.7 Refunds. You are not entitled to a refund unless otherwise required by applicable law. In exceptional circumstances, Forge Frameworks may offer refunds upon request, in Forge Frameworks’ sole and absolute discretion. If you believe you qualify for a refund, please contact Forge Frameworks at support@forgeframeworks.ca with the phrase “Refund Request” in the subject line and a description of your refund request in the body of the email.
6. Term & Termination
6.1 Term. The Agreement is effective on the earliest of: (a) in the case of access to the Website, the date you first access the Website; (b) if a Subscription, the date you sign up for such Subscription; or (c) such other date as agreed to between you and Forge Frameworks in writing.
6.2 Term Duration. The Term of a Subscription runs until such Subscription is terminated pursuant to the Agreement. The Term for a paid Subscription is monthly, or such other duration set forth on the Platform, Website , and/or your Account, thereafter automatically renewing for the same such period (each renewed Term, a “Renewal Term”).
6.3 Termination. The Term terminates upon the earliest of:
- Cancellation of your Subscription prior to a Renewal Term (effective at the end of your current Subscription billing cycle unless otherwise specified by Forge Frameworks in writing);
- your failure to pay the Subscription Fee, Additional Fee, or any fee or charge due and owing by you to Forge Frameworks;
- in the case of access to the Website, when terminated by you or Forge Frameworks, which may occur at any time without notice; or
- your non-compliance with (or rejection of) the Agreement or Privacy Policy.
Following termination, Forge Frameworks may, but is not obligated to, retain certain User Data (defined below) and Account information, as required to permit you to restore your Account and/or Subscription. Further information on Forge Frameworks’ data retention practices are available in our Privacy Policy.
7. Ownership
7.1 Service Ownership. The Service, Features and constituent parts thereof are the proprietary property of Forge Frameworks and its licensors, and all right, title and interest in and to, including all associated intellectual property rights, remain with Forge Frameworks and its licensors. You may not remove or modify any proprietary marking or restrictive legends in the Service. The Agreement does not convey any right, title or interest in, or constitute the sale of any right to, the Service, Subscription or Account. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are and shall be forever owned by and inure to the benefit of Forge Frameworks, excluding User Data. The trademarks, logos, and service marks (collectively, “Trademarks”) displayed on the Service are registered and unregistered marks of Forge Frameworks or are otherwise used in accordance with applicable law. Nothing contained in the Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without Forge Frameworks’ written permission. Forge Frameworks reserves all rights unless expressly granted in this Agreement.
7.2 User Data. Data that you provide in connection with your Account or otherwise upload or transmit through the Service (“User Data”) is and shall remain your sole property. Any and all right, title and interest in and to User Data, including all associated intellectual property rights, remain with you. By using the Service, you represent and warrant that you have all necessary right, title and interest to the User Data you provide to Forge Frameworks under applicable laws, including but not limited to intellectual property and privacy laws. You are solely responsible for your User Data and any other content you upload on the Service. By using the Service, you agree that Forge Frameworks may use, store and modify User Data in order to: (a) provide the Service; (b) create anonymous aggregated or statistical data (or both); (c) improve or otherwise modify the Service; (d) create new products and services; (e) analyze the Service and its use and publishing the results of such analysis; and (f) deliver you relevant information and communications (provided that Forge Frameworks will publish or disclose any such data, statistics or analyses only in an aggregated or de-identified form that does not identify you, your Authorized Users or any other individual and does not reveal your Confidential Information (defined below)), in addition to other purposes described in the Forge Frameworks Privacy Policy. Additionally, each party hereby agrees to comply with all privacy and data protection laws applicable to it in connection with User Data, including, as applicable, the Personal Information Protection and Electronic Documents Act (Canada), any provincial private-sector privacy legislation (such as Alberta’s Personal Information Protection Act and Quebec’s Act respecting the protection of personal information in the private sector), applicable United States federal and state privacy laws (including the California Consumer Privacy Act). Where User Data includes personal information about your employees, contractors, customers, website visitors or other individuals, you represent and warrant that you have provided all notices to, and obtained all consents and authorizations from, those individuals that are required for Forge Frameworks to collect, use, store, process and disclose that personal information as contemplated by this Agreement and our Privacy Policy.
7.3 User Feedback. You hereby grant Forge Frameworks a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use any feedback you provide regarding the Service. Such feedback is deemed to not be Confidential Information and nothing in this Agreement shall operate to limit Forge Frameworks’ use of such feedback.
8. DMCA
Forge Frameworks complies with the U.S. Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance with the DMCA by providing Company with the following information in writing:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (such as the URL(s) of the claimed infringing material);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and
- your physical or electronic signature.
Please send all written correspondence of alleged infringements to:
ATTN: Copyright Compliance Department
Voyer Law Corporation
403-134 Abbott Street
Vancouver, British Columbia, Canada
V6B 2K4
You may also contact legal by email to dmca@voyerlaw.com.
9. Disclaimer; Limitation of Liability
9.1 DISCLAIMER. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “WHEN AVAILABLE” AND YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY BE IN BETA OR ANOTHER ACTIVE DEVELOPMENT STAGE SUCH THAT THE SERVICE MAY CHANGE OR BE SUBJECT TO BUGS AND OTHER LIMITATIONS. FORGE FRAMEWORKS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, FORGE FRAMEWORKS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS, MOBILE DEVICES OR ANY ATTACHED DEVICES, NOT RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. WITHOUT LIMITING THE FOREGOING, THE SERVICE (INCLUDING CPM) PROVIDES TOOLS INTENDED TO ASSIST YOU WITH YOUR OWN COMPLIANCE ACTIVITIES BUT DOES NOT CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE, AND FORGE FRAMEWORKS DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE (INCLUDING ANY CONSENT BANNER, CONSENT RECORD OR CONFIGURATION GENERATED THROUGH CPM) WILL ENSURE YOUR COMPLIANCE WITH ANY LAW, REGULATION OR INDUSTRY REQUIREMENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN LEGAL AND REGULATORY COMPLIANCE, INCLUDING THE CONFIGURATION OF THE SERVICE FOR THE JURISDICTIONS IN WHICH YOU OPERATE, AND YOU SHOULD CONSULT YOUR OWN LEGAL COUNSEL. FORGE FRAMEWORKS IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU OR OTHER USERS POST ON THE SERVICE, NOR DOES FORGE FRAMEWORKS ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS OR LEGITIMACY OF ANY USERS YOU MAY INTERACT WITH ON THE SERVICE.
NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY FORGE FRAMEWORKS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS (“REPRESENTATIVES”), WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
9.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORGE FRAMEWORKS AND ITS REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD PARTY SERVICES INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, PERSONAL INJURY OR DEATH AND ANY AND ALL OTHER TANGIBLE AND INTANGIBLE DAMAGES OR LOSSES, EVEN IF FORGE FRAMEWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
9.3 MAXIMUM AGGREGATE LIABILITY. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD FORGE FRAMEWORKS FROM LIABILITY, YOU AGREE THAT FORGE FRAMEWORKS’S AND/OR ITS REPRESENTATIVES MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE LESSER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO FORGE FRAMEWORKS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACT LEADING TO THE HARM IN QUESTION; AND (B) $1,000 CAD. FOR CLARITY, NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT ANY LIABILITY, WARRANTY, CONDITION OR RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING ANY NON-WAIVABLE RIGHT OR REMEDY YOU MAY HAVE UNDER APPLICABLE CONSUMER PROTECTION LEGISLATION.
10. Indemnification
You shall indemnify, defend and hold Forge Frameworks and its Representatives, harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, in connection with your use (or misuse) of the Service or Third Party Services, personal injury or death arising while using the Service or Third Party Services, or your violation of the Agreement or any law or regulation (including but not limited to privacy or consumer protection laws). You shall not settle any claim without Forge Frameworks’ advance written consent unless such claim releases Forge Frameworks unconditionally. Forge Frameworks reserves the right to, at its expense, assume control of the claim.
11. Dispute Resolution
11.1 Initial Dispute Resolution. Most disputes between you and Forge Frameworks can be resolved without resorting to legal action. If you have any dispute with Forge Frameworks, you agree that before taking any formal legal action you will contact Forge Frameworks at support@forgeframeworks.ca, and provide a brief, written description of the dispute and your contact information. You and Forge Frameworks agree to use commercially reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
11.2 Binding Arbitration. If you and Forge Frameworks cannot come to a resolution within 60 days after the time an informal dispute resolution is initiated in accordance with Section 11.1, you agree that any disputes or claims between you and Forge Frameworks (including the Representatives), shall be resolved by confidential, final and binding arbitration to be conducted in Edmonton and administered by the arbitrator chosen by Forge Frameworks (“Arbitrator”). The arbitration shall be commenced and conducted in accordance with Arbitrator’s Rules (the “Rules”). Your arbitration fees and your share of the arbitrator’s compensation shall be governed by and, where appropriate, limited by the Rules. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS LIMITED BY APPLICABLE LAW. THE PARTIES AGREE THAT THIS SECTION 11.2 SHALL NOT APPLY TO: (I) DISPUTES CONCERNING INTELLECTUAL PROPERTY, ALLEGATIONS OF THEFT, PIRACY, VIOLATION OF PRIVACY LAWS OR USE OF THE SERVICE IN VIOLATION OF THIS AGREEMENT; OR (II) CLAIMS FOR INJUNCTIVE RELIEF.
11.3 CLASS ACTION WAIVER AND PROHIBITION. YOU AGREE THAT ANY ARBITRATION OF A DISPUTE OR CLAIM SHALL BE LIMITED BETWEEN FORGE FRAMEWORKS, THE REPRESENTATIVES (IF APPLICABLE), AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION SHALL BE JOINT WITH ANY OTHER AND YOU HAVE NO RIGHT OR AUTHORITY TO: (A) ARBITRATE A DISPUTE OR CLAIM ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND TO (B) RAISE A DISPUTE OR CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE OR CLAIM RESOLVED AS A PLAINTIFF OR MEMBER OF A CLASS ACTION.
11.4 Consumer Rights. Please note that Some jurisdictions, including certain Canadian provinces (for example, Quebec and Ontario) and U.S. states, limit or prohibit mandatory pre-dispute arbitration clauses or class action waivers in consumer contracts. If you are an individual consumer and the laws of your jurisdiction of residence do not permit Sections 11.2 or 11.3 to be enforced against you, those Sections do not apply to you to the extent of the prohibition, and you may bring an individual claim in the courts of your province, territory or state of residence. Nothing in this Section 11 shall be deemed to limit, exclude or waive any non-waivable right you may have to file a complaint with a regulator or other consumer protection authority.
12. General
12.1 Updates. Forge Frameworks reserves the right, in its sole discretion, to modify this Agreement at any time (each, an “Update”) and shall make each Update available through the Website and through email notification. You are deemed to accept an Update by continuing to use the Service. Unless Forge Frameworks states otherwise, an Update is automatically effective 30 days after posting on the Website, except in such case where an Update is immaterial to any of your legal rights or legal obligations of Forge Frameworks and such Update is made only to correct a typographical, formatting or grammar inaccuracy, and in such case, an Update is effective immediately after posting on the Website.
12.2 Governing Law. The Agreement shall be governed by and construed in accordance with the applicable laws of the Province of Alberta and the federal laws of Canada, without reference to principles of conflicts of laws, and courts in Edmonton, Alberta will have exclusive jurisdiction to hear any proceedings related to this Agreement and to which the parties irrevocably attorn to the jurisdiction of. Notwithstanding the foregoing, if you are an individual consumer entitled to specific consumer protection o similar laws in your jurisdiction, this Section does not deprive you of such protection or of any non-waivable right you may have under the mandatory laws of your jurisdiction to bring or defend proceedings in the courts of your place of residence.
12.3 Notice. Any notice required by the Agreement shall be given by you via email to Forge Frameworks at support@forgeframeworks.ca with the subject line “Notice: Terms of Service” and by Forge Frameworks to you at the email address you provide to Forge Frameworks, as updated on one or more occasions, such notice deemed received upon sending.
12.4 Export Compliance. Certain export control laws regulate the export and re-export of technology originating in Canada, the United States and other foreign countries. You agree to abide by all export control laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, the Service or any Features from any countries or foreign nations in violation of such laws or regulations. You shall comply with the export laws and regulations of the applicable jurisdictions in which you provide, access or use the Service. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
12.5 Limitation Period. Any cause of action arising out of or related to the Agreement or the Service must commence within one year after the cause of action accrues and, if not, is permanently barred. The parties acknowledge that the foregoing constitutes a modification and shortening of the limitation period set forth in statute and agree to shorten the limitation period. Notwithstanding the foregoing, this Section 12.5 does not apply to the extent that the shortening of a limitation period is prohibited by applicable law (including applicable limitations or consumer protection legislation), in which case the shortest limitation period permitted by that law shall apply.
12.6 Severability, Waiver. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of this Agreement in full force and effect. No failure or delay by a party in exercising any right, power or remedy under this Agreement constitutes a waiver thereof.
12.7 Assignment. You cannot assign, transfer or pledge the Agreement, in whole or in part, without the prior written consent of Forge Frameworks. Forge Frameworks may assign this Agreement upon written notice to you.
12.8 Force Majeure. Except with respect to your obligation to make payments, neither party shall be held responsible for any delay, deficiency or failure in performance due to causes beyond its reasonable control including, but not limited to, fires, strikes, embargoes, explosions, earthquakes, hurricanes, floods, wars, the elements, epidemics, pandemics, labor disputes, government requirements, acts of war and terrorism, civil or military authorities, inability to secure raw materials or transportation facilities, acts or omissions of carriers or suppliers.
12.9 Entire Agreement. The Agreement, including the Privacy Policy and any other agreement incorporating the Terms, as amended on one or more occasions, constitutes the entire Agreement between you and Forge Frameworks and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
12.10 Survival. Sections 4.6, 5.4, 5.5, 5.6, 5.7, 6.3, 7, 8, 9, 10, 11 and 12 survive termination of this Agreement.
12.11 Contact Information. If you have any questions about this Agreement or the Forge Frameworks Privacy Policy you are encouraged to contact Forge Frameworks by email at support@forgeframeworks.ca or using the information below:
Forge Frameworks Inc.
PO Box 55063 Edmonton RPO
Windermere, AB, T6W 5B4