Last updated: December 8, 2024
Welcome to Forager.ai, LLC (“Company,” “we,” “our,” or “us”). Please read these Terms and Conditions (“Terms”) carefully before accessing or using our website, application, utilizing any related services, licensing data or entering into an order form (collectively, the “Service”). These Terms constitute a legally binding agreement between you (“you,” “your,” or “user”) and the Company.
By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use the Service. You may enter into a binding agreement with us in one of two ways: (1) By creating an account or otherwise signing up on our website and expressly agreeing to these Terms; or (2) By executing a separate License Order Form or License Agreement that references these Terms. In cases where a License Order Form or License Agreement is executed, the terms of the Order Form or Agreement will govern to the extent of any conflict with these Terms.
By entering into this agreement, you represent that you are at least 18 years of age and legally capable of forming binding contracts. If you are using the Service on behalf of a legal entity, you represent that you are authorized to act on behalf of that entity and to bind it to these Terms.
Additionally, your access to and use of the Service are conditioned on your acceptance of and compliance with our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review our Privacy Policy carefully before using the Service.
For questions about these Terms, please contact us at contact@forager.ai.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
• API refers to the Application Programming Interface provided by the Company that allows you to access licensed data.
• Application refers to the software program made available by the Company, accessible via a mobile application, website, or other platforms.
• Application Store refers to the digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) where the Application is made available.
• Affiliate refers to any entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of at least 50% of the shares, equity interest, or other voting securities of the entity.
• Account refers to a unique account created by You to access and use the Service or parts thereof.
• Company (referred to as “the Company,” “we,” “us,” or “our”) refers to Forager.ai, LLC, 4001 N. Ocean Blvd., Suite 402, Gulf Stream, FL 33483.
• Data License refers to the right to access and use the licensed business data as outlined in these Terms and any applicable License Order Form or License Agreement.
• Device refers to any device capable of accessing the Service, such as a computer, mobile phone, or tablet.
• License Order Form refers to the document executed by You and the Company specifying the scope, term, and pricing of the data license or services.
• Licensed Data refers to the business data, including but not limited to phone numbers, business profiles, and other contact information, licensed by the Company through the Service.
• Platform refers to the online environment, including the website and application, through which the Service is provided.
• Privacy Policy refers to the Company’s policy governing the collection, use, and disclosure of your personal information, accessible at https://www.forager.ai/privacy-policy.
• Service refers to the licensing of data and the related tools and services provided through our API, mobile application, or online platform.
• Terms refer to these Terms and Conditions, which govern your use of the Service.
• Third-Party Services refer to any services, content, or tools provided by external entities that may integrate with or be accessible through the Service.
• Website refers to the Company’s website, accessible at http://www.forager.ai.
• You (or “Your”) refers to the individual or legal entity accessing or using the Service, including its representatives, agents, or employees, as applicable. Acknowledgment
By requesting access to or licensing data through the Service, whether via our API, mobile application, or online platform, or through a License Order Form, you agree to be bound by and abide by these Terms and any additional terms specified in the applicable License Order Form or License Agreement.
The data licensed through the Service (“Licensed Data”) is provided under a limited, non-exclusive, non-transferable, revocable license. This license permits you to access and use the Licensed Data solely for your internal business purposes as outlined in these Terms or any applicable License Order Form. You may not sell, sublicense, distribute, or otherwise transfer the Licensed Data to any third party without the prior written consent of the Company.
You may enter into a License Order Form or License Agreement with the Company to define specific terms of access, scope of use, license fees, and duration. In the event of any conflict between these Terms and the provisions of the License Order Form or License Agreement, the terms of the executed License Order Form or License Agreement will prevail.
To license data, you may be required to provide certain information, including but not limited to your name, company name, email address, billing address, and payment information. You represent and warrant that all information provided is accurate, complete, and current.
By submitting your information, you authorize the Company to process and store it for the purpose of fulfilling the license agreement, including payment processing. Any information submitted is subject to the Company’s Privacy Policy.
The Company reserves the right to modify, suspend, or terminate your data license if:
• You breach these Terms or the terms of a License Order Form or License Agreement.
• Payment for the license is not received or authorized.
• Your use of the Licensed Data exceeds the permitted scope of the license.
Payment terms for licensing data, including the fees and billing cycles, will be specified at the time of purchase or in the License Order Form. Failure to remit payment on time may result in the suspension or termination of your access to the Licensed Data.
You agree to use the Licensed Data in compliance with all applicable laws and regulations. You are expressly prohibited from:
• Using the data for any unlawful or fraudulent purposes.
• Accessing the data in a manner that disrupts or damages the Company’s systems or platforms.
• Reverse-engineering, scraping, or otherwise extracting data beyond the agreed-upon scope of the license.
By licensing data through the Service, you acknowledge and agree to comply with the conditions outlined in these Terms and any additional agreements entered into with the Company.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
The Company may terminate your access to the Service and Licensed Data immediately if:
• You breach these Terms or any License Order Form or License Agreement.
• You fail to pay any fees due under the agreement.
• You use the Licensed Data in violation of applicable laws, these Terms, or any written instructions provided by the Company.
Upon termination or expiration of this Agreement or any applicable the Order Form or License Agreement, you must immediately cease all use of the Licensed Data, destroy any copies in your possession, and certify in writing to the Company that you have done so.
You agree to maintain the confidentiality of all non-public data, materials, and information provided to you by the Company as part of the Service or the Licensed Data. You shall not disclose, share, or otherwise make available such information to any third party without the prior written consent of the Company, except as required by law. This obligation shall survive the termination or expiration of your agreement with the Company.
By accessing or using the Service, you agree to use, store, control, and process the Licensed Data in full compliance with all applicable laws, regulations, and standards, including but not limited to:
o General Data Protection Regulation (GDPR): If you process data concerning individuals in the European Union (EU) or European Economic Area (EEA), you must comply with the GDPR, including but not limited to requirements for lawful processing, data minimization, transparency, and data subject rights.
o California Consumer Privacy Act (CCPA): If applicable, you must comply with the CCPA or similar U.S. state laws regarding the collection, use, and sharing of personal information of California residents.
o Other Data Protection Laws: You must comply with similar laws and regulations in any jurisdiction where you process personal data, including but not limited to Canada’s PIPEDA, Brazil’s LGPD, and others as applicable.
o Telephone Consumer Protection Act (TCPA): You must adhere to the TCPA, including restrictions on telemarketing calls, text messages, and the use of automated dialing systems.
o CAN-SPAM Act: When applicable, you must comply with laws governing email marketing, including opt-in requirements and honoring unsubscribe requests.
o Similar Jurisdictional Laws: You are responsible for compliance with equivalent regulations in jurisdictions outside the United States, including the UK’s Privacy and Electronic Communications Regulations (PECR) or similar rules elsewhere.
o You must comply with industry standards and any additional laws or regulations relevant to your use of the Licensed Data, including but not limited to intellectual property laws, anti-fraud measures, and restrictions on data use in regulated industries.
You agree not to use the Licensed Data in any manner that:
• Violates applicable data privacy or telecommunications laws.
• Engages in or facilitates unlawful discrimination, harassment, or fraud.
• Results in the unauthorized sharing or distribution of the Licensed Data.
• Infringes upon the intellectual property rights or privacy rights of any third party.
It is your responsibility to ensure that your use of the Licensed Data complies with all legal requirements in the jurisdictions where you operate or where the data subjects reside. You agree to implement appropriate technical and organizational measures to protect the Licensed Data against unauthorized or unlawful processing, accidental loss, destruction, or damage. In the event, you sublicense, sell, or otherwise transfer the Licensed Data to a third party you remain responsible to the Company for any use of the Licensed Data by such third party.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to your use or transfer of the Licensed Data, your breach of any provision of this Agreement, and/or your failure to comply with any applicable laws or regulations in connection with your use of the Licensed Data.
You hereby acknowledge your obligations under this Compliance section and agree to adhere to all applicable laws and regulations. Failure to comply may result in suspension or termination of your access to the Licensed Data and may subject you to legal liability.
You agree to use commercially reasonable measures to protect the Licensed Data from unauthorized access, use, disclosure, or distribution. You shall not:
• Share or sublicense the Licensed Data with any third party unless explicitly authorized in writing by the Company.
• Use the Licensed Data for any unlawful, fraudulent, or abusive purposes.
• Retain the Licensed Data beyond the term of the license agreement unless otherwise permitted by applicable law or these Terms.
The Company reserves the right to audit your use of the Licensed Data to ensure compliance with these Terms, any License Order Form, or License Agreement. Such audits may include reasonable access to your systems, records, and facilities during regular business hours upon prior notice. You agree to cooperate fully with any audit and to promptly address any non-compliance identified.
The total liability of the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers for any claims, losses, damages, or expenses arising out of or related to these Terms, the Service, or the Licensed Data, whether in contract, tort (including negligence), or otherwise, shall not the total fees paid by you to the Company in the six (6) months immediately preceding the event giving rise to the claim.
Under no circumstances shall the Company or its affiliates be liable for Indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost revenues, business interruption, loss of business opportunities, goodwill, data, or any other intangible losses, even if the Company has been advised of the possibility of such damages. Damages resulting from unauthorized access to or use of the Service, Licensed Data, or your account, or from any breach of security related to your use of the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent such laws apply, some of the above limitations may not apply to you. However, the exclusions and limitations set forth herein shall apply to the maximum extent permitted by law.
Any liabilities incurred by the Company arising from your use of the Service or Licensed Data in violation of these Terms or applicable laws shall be subject to your obligations to indemnify and hold the Company harmless as outlined in the Indemnification section of these Terms.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service, including the Licensed Data, is provided to you on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, and without warranties of any kind, to the maximum extent permitted under applicable law. The Company, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties arising out of course of dealing, course of performance, usage, or trade practice.
The Licensed Data is provided without any guarantees regarding its accuracy, completeness, reliability, or suitability for any particular purpose. The Company does not warrant that the Licensed Data will be free of errors, omissions, or inaccuracies, and you assume all risks associated with your reliance on such data. Furthermore, the Company makes no representations or warranties regarding your compliance with applicable data protection, privacy, or telecommunications laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), or the Telephone Consumer Protection Act (TCPA).
The Company does not guarantee that the Service, the Licensed Data, or any related tools or platforms will meet your specific requirements or expectations, operate without interruption, or be error-free or secure. The Service may experience delays, data losses, or security vulnerabilities, and the Company disclaims any liability for such issues. Additionally, the Company assumes no responsibility for the functionality or reliability of any third-party services, platforms, or software integrated with or used in connection with the Service, and any damages or losses caused by such third parties are solely their responsibility.
The Company does not warrant or guarantee that the use of the Service or the Licensed Data will achieve specific results, improve business outcomes, or fulfill any intended purpose. Moreover, the Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, power outages, cyberattacks, or other disruptions.
Finally, the Company does not guarantee that the Service, its servers, or any emails or communications sent by the Company will be free of viruses, malware, or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. To the extent such laws apply, some of the above disclaimers may not apply to you. However, all disclaimers and limitations set forth in this section shall be enforced to the maximum extent permitted by law.
These Terms and any dispute or claim arising out of or relating to them, their subject matter, or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms, the Licensed Data, the Service, or your use of the Service (collectively, "Disputes") shall be resolved exclusively through binding arbitration, except that either party may 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 intellectual property rights.
You and the Company agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Arbitration proceedings will take place in Los Angeles County, California, and will be conducted in English. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules.
You and the Company agree that all Disputes will be resolved on an individual basis and not as part of any class, collective, consolidated, or representative action. You expressly waive your right to participate in or bring a class action or class arbitration.
Notwithstanding the foregoing, you and the Company retain the right to:
• Pursue claims in small claims court in Los Angeles County, California, if the claim falls within the court’s jurisdictional limits; and
• Seek equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.
To the fullest extent permitted by law, you and the Company waive any constitutional or statutory rights to have a trial by jury in any Dispute.
For any claims or disputes that are not subject to arbitration, you and the Company agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
You acknowledge that the Licensed Data may be subject to export and import control laws of the United States and other jurisdictions. You agree to comply with all applicable export and import control laws, including, without limitation, the Export Administration Regulations (EAR) and sanctions programs administered by the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in any country or jurisdiction subject to embargo or trade sanctions, and that you are not on any prohibited or restricted party list.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The following provisions shall survive the termination or expiration of these Terms: Confidentiality, Indemnification, Limitation of Liability, Compliance with Laws, Data Security and Usage Restrictions, Governing Law and Dispute Resolution, and any other provisions that by their nature should survive termination.
These Terms, along with any applicable License Order Form or License Agreement, constitute the entire agreement between you and the Company regarding the use of the Service and Licensed Data. They supersede and replace any prior or contemporaneous understandings, communications, or agreements, whether written or oral, related to the subject matter.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.