ForgeMy LLC Terms of Use
These Terms of Use (the "Terms") are a legally binding agreement between you ("you" or "your") and ForgeMy LLC, a Colorado limited liability company ("ForgeMy," "we," "us," or "our").
These Terms govern your access to and use of forgemy.ai, related ForgeMy websites, and any software, applications, subscriptions, digital products, services, features, content, tools, communications, or other offerings that expressly reference or link to these Terms (collectively, the "Services").
Certain ForgeMy products have or may have supplemental or product-specific terms, licenses, rules, or disclosures ("Product Terms"). Product Terms become part of your agreement with ForgeMy when you use the applicable product. Product Terms supplement these Terms. Privacy policies and privacy notices describe data practices but are not Product Terms and are not incorporated into these Terms as contractual promises except to the extent a provision of these Terms expressly states a specific privacy commitment.
ForgeCareer is a ForgeMy product governed by these Terms together with the ForgeCareer Terms of Service and other applicable ForgeCareer Product Terms. ForgeCareer's Privacy Policy separately describes ForgeCareer's data practices.
BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, PURCHASING A SERVICE, CLICKING OR TAPPING A BUTTON OR CHECKBOX THAT REFERENCES THESE TERMS, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
IMPORTANT DISPUTE NOTICE. SECTIONS 31 THROUGH 37 CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, A JURY-TRIAL WAIVER, AND A CONTRACTUAL TIME LIMIT FOR CLAIMS. SECTION 33 EXPLAINS HOW TO OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AFTER FIRST ACCEPTING THESE TERMS. PLEASE READ THOSE SECTIONS CAREFULLY.
Plain-English Summary
ForgeMy builds and sells software and digital products. Use them lawfully, protect your account, do not attack or misuse our systems, and do not assume that software, AI, recommendations, scores, or third-party information will always be correct. You retain ownership of your content, subject to the limited rights ForgeMy needs to provide the Services. Paid subscriptions may automatically renew when disclosed at purchase. ForgeMy can discontinue products or terminate accounts, including without cause subject to applicable law and the refund provisions below. Important warranty, liability, indemnification, arbitration, class-action, jury-waiver, and claim-timing provisions appear later in these Terms. You may opt out of arbitration within thirty (30) days after first accepting these Terms as described in Section 33.
This Plain-English Summary is provided only as a convenience. The operative provisions below control if there is any inconsistency.
1 About ForgeMy
ForgeMy develops, operates, experiments with, and commercializes software products, digital services, artificial-intelligence-enabled tools, games, utilities, websites, applications, and related technologies.
ForgeMy may also publish information about software development, product development, artificial intelligence, research, experiments, methodologies, prototypes, case studies, and related subjects.
Unless ForgeMy expressly agrees otherwise in a separate written agreement, use of the Services does not create a consulting, employment, recruiting, staffing, fiduciary, partnership, joint venture, agency, professional-services, or other special relationship between you and ForgeMy.
2 Product-Specific Terms
ForgeMy may operate multiple products with materially different functionality, risks, users, and commercial terms. A product may therefore have its own Product Terms.
ForgeCareer maintains product-specific legal documentation at canonical URLs designated by ForgeMy, including:
- https://forgemy.ai/legal/products/forgecareer/terms
- https://forgemy.ai/legal/products/forgecareer/privacy
Product Terms may contain additional provisions concerning accounts, career information, resumes, artificial intelligence, communications, subscriptions, third-party integrations, eligibility, or other product-specific matters. Privacy policies and privacy notices are separate notices describing data practices and are not Product Terms.
Product Terms supplement these Terms. The protections, disclaimers, limitations, and user obligations in these Terms and applicable Product Terms are cumulative unless a Product Term expressly identifies a Section of these Terms that it replaces.
For clarity, Sections 3, 6 through 12, 15, 22 through 30, 31 through 37, and 41 of these Terms are Protective Provisions. A Product Term, checkout disclosure, promotion rule, or other incorporated term does not replace a Protective Provision unless it expressly identifies the Section being replaced and states that it replaces that Section.
Sections 31 through 37 govern dispute resolution across ForgeMy Services unless a later document accepted by you expressly identifies and replaces the applicable Section.
These Terms are not intended to eliminate or replace Product Terms.
3 Eligibility and Authority
You may use the Services only if you are at least eighteen (18) years old, have reached the age of majority where you live, and have the legal capacity to enter into a binding agreement with ForgeMy.
A Product Term may impose a higher minimum age. ForgeMy may permit a lower age only through a separate product program and legal framework expressly designed for minors and permitted by applicable law.
By using the Services, you represent and warrant that you satisfy the applicable age and eligibility requirements and that you have not previously been suspended, removed, or terminated from the Services unless ForgeMy has expressly authorized your return in writing.
If you access or use a Service on behalf of a business, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that circumstance, references to "you" include that entity.
You may not use the Services if applicable law prohibits you from doing so.
If ForgeMy learns that an account was created or used in violation of an applicable minimum-age requirement, ForgeMy may suspend or terminate the account and handle associated personal information in accordance with applicable law and the applicable Privacy Policy.
4 Accounts and Account Security
Some Services require an account.
You agree to provide accurate, current, and complete information and to update it when reasonably necessary.
You are responsible for maintaining the confidentiality and security of your account credentials and, to the maximum extent permitted by law, for activity occurring through your account.
You may not sell, transfer, lend, share, or otherwise provide your account or credentials to another person except where ForgeMy expressly permits shared or organizational access.
You must promptly notify ForgeMy if you know or reasonably suspect that your account or credentials have been compromised.
ForgeMy may require email, telephone, identity, multifactor, or other verification when reasonably necessary for authentication, fraud prevention, account recovery, legal compliance, or security.
5 Limited License and Permitted Use
Subject to your compliance with these Terms and applicable Product Terms, ForgeMy grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for their intended purposes during the period ForgeMy makes them available to you.
The Services are licensed or made available to you; they are not sold to you except where ForgeMy expressly states otherwise.
No rights are granted by implication. ForgeMy and its licensors reserve all rights not expressly granted.
6 Prohibited Activities
You may not use the Services for unlawful, fraudulent, abusive, harmful, unauthorized, or materially unintended purposes.
Without limiting the foregoing, you may not, and may not assist another person to:
- gain or attempt to gain unauthorized access to accounts, systems, networks, data, source code, models, infrastructure, or Services;
- bypass, defeat, disable, interfere with, or circumvent authentication, security controls, access controls, rate limits, usage limits, paywalls, technical restrictions, or protective mechanisms;
- probe, scan, penetration-test, or test the vulnerability of a Service without ForgeMy's prior written authorization;
- introduce or distribute viruses, ransomware, malware, malicious code, exploits, destructive instructions, or other harmful components;
- disrupt, overload, flood, degrade, damage, or interfere with a Service or infrastructure supporting it;
- reverse engineer, decompile, disassemble, decode, translate, or attempt to discover source code, object code, underlying structures, algorithms, model components, non-public prompts, or trade secrets except to the extent applicable law expressly prohibits such restrictions;
- scrape, crawl, harvest, data-mine, systematically retrieve, or use automated systems to extract information or content except as expressly authorized by ForgeMy or as performed by ordinary public search-engine indexing that ForgeMy has not blocked;
- use the Services, ForgeMy Content, or non-public information to create, train, benchmark, or materially improve a competing product or service without ForgeMy's prior written authorization; this restriction does not prevent you from using your own User Content or AI Output for your own lawful purposes;
- copy, modify, reproduce, distribute, resell, sublicense, rent, lease, mirror, frame, or commercially exploit the Services except as expressly authorized;
- remove or obscure copyright, trademark, attribution, proprietary, or security notices;
- impersonate another person or entity or misrepresent your identity, authority, affiliation, or relationship with ForgeMy;
- use the Services to defraud, deceive, threaten, harass, exploit, unlawfully discriminate against, or harm another person;
- upload, process, or distribute material that you do not have the legal right to use;
- infringe intellectual-property, privacy, publicity, confidentiality, contractual, or other rights;
- use the Services for unlawful surveillance, spam, credential theft, malicious automation, or other abusive activity;
- create accounts through unauthorized automated means or under false pretenses;
- use another person's account without authorization;
- interfere with another user's use of the Services;
- attempt to defeat, manipulate, or misuse AI Features through prompt injection, unauthorized extraction, malicious jailbreaking, or similar techniques intended to obtain restricted information, compromise a Service, or facilitate unlawful or harmful activity; or
- use the Services in violation of applicable laws, regulations, sanctions, export controls, or Product Terms.
ForgeMy may investigate suspected violations and may take technical, contractual, or legal measures to prevent or stop misuse.
7 User Content
Certain Services may permit you to create, upload, store, import, submit, transmit, or process information, documents, prompts, text, images, files, resumes, employment information, game information, communications, or other material ("User Content").
As between you and ForgeMy, you retain ownership of your User Content.
You grant ForgeMy a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, process, format, modify, display, and otherwise use User Content only to the extent reasonably necessary to provide, maintain, secure, support, troubleshoot, and operate the Services and to perform product analytics or improvements that do not require rights beyond those described here.
ForgeMy does not sell User Content. These Terms do not grant ForgeMy the right to use User Content to train a general-purpose artificial-intelligence model. If ForgeMy later offers a feature or program that would use User Content for such training, ForgeMy will provide separate disclosure and obtain any consent required by applicable law before that use.
You represent and warrant that you possess all rights, permissions, and lawful bases necessary to provide User Content to ForgeMy and permit its processing as contemplated by the Services.
You remain responsible for your User Content and for determining whether it is accurate, lawful, appropriate, and suitable for your intended use.
ForgeMy may remove or restrict access to User Content when reasonably necessary to comply with law, enforce these Terms, protect the Services, or protect ForgeMy, users, or third parties. ForgeMy has no general obligation to monitor User Content or user activity except as required by applicable law.
You are responsible for maintaining copies or backups of User Content that you cannot afford to lose. ForgeMy does not guarantee that User Content will always remain available, recoverable, or exportable.
Except where retention is required or permitted by law, security needs, backups, fraud prevention, dispute preservation, or the applicable privacy notice, ForgeMy's operational rights to User Content end when the content is deleted from the Services and no longer remains in ForgeMy-controlled systems.
8 Privacy and Personal Information
ForgeMy's collection, use, disclosure, retention, and protection of personal information is described in the applicable ForgeMy Privacy Policy and any applicable product-specific privacy notice. Those documents are privacy notices rather than contractual terms except where these Terms expressly state a specific commitment.
ForgeMy does not sell personal information.
ForgeMy may disclose personal information to vendors, processors, telecommunications providers, payment processors, hosting providers, security providers, artificial-intelligence providers, and other service providers when reasonably necessary to provide, secure, maintain, support, or comply with legal obligations relating to the Services. Such operational disclosures do not authorize those recipients to use the information for their own promotional or marketing purposes.
SMS and Mobile Information
ForgeMy and its products may use mobile telephone numbers and text messaging for specifically disclosed messaging programs.
ForgeMy will not sell, share, rent, or otherwise transfer mobile information, text-messaging originator opt-in data, or SMS consent information to third parties or affiliates for promotional or marketing purposes.
ForgeMy may disclose mobile information and SMS opt-in or consent information to service providers that help ForgeMy provide, deliver, secure, troubleshoot, maintain, or comply with requirements applicable to the messaging service, including messaging-platform providers, telecommunications carriers, security and fraud-prevention vendors, and other vendors involved in message delivery. Those operational disclosures do not authorize recipients to use the information for promotional or marketing purposes.
Additional details are provided in the applicable Privacy Policy and product-specific privacy notices.
9 Artificial Intelligence and Automated Features
Certain Services may use artificial intelligence, machine learning, large language models, algorithmic scoring, automated analysis, recommendation systems, or other automated technologies ("AI Features").
AI Features may process information you provide and generate text, recommendations, classifications, scores, summaries, analyses, predictions, code, images, or other results ("AI Output").
AI OUTPUT MAY BE INACCURATE, INCOMPLETE, MISLEADING, OUTDATED, BIASED, INAPPROPRIATE, OR INCORRECT.
AI Features are assistive tools and are not substitutes for independent human judgment. You are responsible for reviewing, editing, validating, and determining the suitability of AI Output before relying on, publishing, transmitting, submitting, or otherwise using it.
Unless expressly agreed otherwise in writing, AI Output does not constitute legal, medical, financial, tax, investment, psychological, employment-law, human-resources-compliance, cybersecurity, or other regulated professional advice. Career-oriented features may provide general career information and assistance, but ForgeMy does not provide licensed professional career counseling unless expressly stated otherwise.
AI Output may not be unique. Other users may receive identical or similar output. AI Output also may not qualify for intellectual-property protection, and ForgeMy does not warrant that AI Output is non-infringing.
As between you and ForgeMy, ForgeMy does not claim ownership of AI Output generated specifically for you from your User Content, except for ForgeMy Content, third-party materials, or other pre-existing material that may appear in or be reflected by the output. This provision does not grant rights in third-party content or guarantee that any rights in AI Output exist.
ForgeMy may use third-party AI providers to support AI Features. You may not use AI Features in a manner that violates applicable law, these Terms, or usage restrictions that ForgeMy communicates for an AI Feature.
Do not provide unnecessary sensitive personal information, government identification numbers, health information, financial-account credentials, or another person's confidential information to an AI Feature unless the applicable Service expressly requests that information for an intended feature.
10 ForgeCareer and Career-Related Services
ForgeCareer is intended primarily for individuals managing their own career, resume, application, and job-search activities.
ForgeCareer may provide resume tools, career-management tools, applicant-tracking-system ("ATS") analysis, job tracking, AI-assisted drafting, recommendations, scoring, organizational tools, or related functionality.
FORGEMY DOES NOT GUARANTEE THAT FORGECAREER OR ANY CAREER-RELATED SERVICE WILL RESULT IN AN INTERVIEW, EMPLOYMENT OFFER, IMPROVED ATS RANKING, RECRUITER RESPONSE, PROMOTION, INCREASED COMPENSATION, OR ANY OTHER EMPLOYMENT OR CAREER OUTCOME.
ForgeMy does not control employers, recruiters, hiring managers, ATS providers, job boards, third-party algorithms, hiring practices, or employment decisions.
You are solely responsible for reviewing and verifying resumes, cover letters, applications, profiles, credentials, work history, education, accomplishments, certifications, and other materials before submitting or publishing them. You remain responsible for their accuracy even when material was suggested or generated by an AI Feature.
You may not knowingly use ForgeCareer to fabricate credentials, employment history, education, certifications, achievements, or other material facts.
Unless ForgeMy expressly offers a separate product, plan, or written agreement permitting such use, ForgeCareer may not be used by employers, recruiters, staffing agencies, or other third parties to screen, rank, score, or make employment decisions about other individuals.
ForgeMy does not intend ForgeCareer to assemble or furnish consumer reports for third-party eligibility decisions. You may not use ForgeCareer, its scores, analyses, or outputs as a consumer report or for a purpose governed by the Fair Credit Reporting Act or similar law.
ForgeCareer is not an employer, staffing agency, recruiter, employment agency, legal adviser, immigration adviser, or licensed professional career counselor unless ForgeMy expressly states otherwise in writing for a specific Service.
Third-party job listings, employer information, compensation information, ATS information, and other external data may be incomplete, inaccurate, stale, changed, or removed without notice and do not constitute an endorsement by ForgeMy.
Additional ForgeCareer-specific terms may apply.
11 No Guarantee of Results
ForgeMy provides software, tools, information, recommendations, automation, entertainment, and other functionality intended to assist users or provide digital experiences.
Results depend on circumstances outside ForgeMy's control.
ForgeMy does not guarantee:
- employment, interviews, job offers, promotions, compensation, or career outcomes;
- acceptance, ranking, scoring, or treatment by an applicant tracking system;
- recruiter, employer, customer, partner, or third-party responses;
- business, revenue, financial, commercial, or investment outcomes;
- gaming performance, compatibility, server availability, third-party game availability, or continued third-party platform support;
- personal, interpersonal, relationship, health, or behavioral outcomes;
- uninterrupted operation of third-party integrations;
- accuracy or continued availability of third-party data; or
- that any AI Feature or automated feature will produce a particular result.
12 Third-Party Services and Open Source
The Services may integrate with, link to, rely upon, or permit interaction with third-party websites, APIs, software, artificial-intelligence providers, payment processors, telecommunications providers, hosting providers, employment services, social networks, games, platforms, libraries, or other third-party services.
ForgeMy does not control those third parties. Their own terms, licenses, policies, and practices may apply.
To the maximum extent permitted by law, ForgeMy is not responsible for the availability, accuracy, security, functionality, content, data practices, decisions, acts, or omissions of third-party services.
ForgeMy products may incorporate open-source software. Open-source components remain subject to their applicable licenses, and where an applicable open-source license conflicts with these Terms regarding that component, the open-source license controls.
References to third-party products, trademarks, services, or companies do not imply sponsorship, endorsement, affiliation, or approval unless ForgeMy expressly states otherwise.
13 Intellectual Property
The Services and their underlying software, code, architecture, databases, designs, interfaces, workflows, documentation, text, graphics, audiovisual material, branding, logos, trademarks, service marks, and other ForgeMy-created materials ("ForgeMy Content") are owned by or licensed to ForgeMy and are protected by applicable intellectual-property laws.
Except for rights expressly granted in these Terms, ForgeMy retains all right, title, and interest in and to ForgeMy Content and the Services.
"ForgeMy," "ForgeCareer," associated product names, logos, and other ForgeMy branding are trademarks or service marks of ForgeMy LLC or its licensors where applicable.
You may link to publicly available ForgeMy webpages in a manner that does not falsely imply affiliation, sponsorship, or endorsement. Nothing in these Terms limits rights that applicable law cannot lawfully restrict, including applicable fair-use rights.
14 Feedback
If you voluntarily provide suggestions, enhancement requests, recommendations, ideas, bug reports, or other feedback concerning ForgeMy or the Services ("Feedback"), you grant ForgeMy a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, reproduce, modify, commercialize, and otherwise exploit the Feedback without restriction or compensation to you.
Do not provide confidential or proprietary information as Feedback unless ForgeMy has separately agreed in writing to receive it confidentially.
Feedback does not include User Content merely because User Content is processed through a Service.
15 Beta, Preview, Prototype, and Experimental Services
ForgeMy may offer beta, preview, prototype, early-access, experimental, or pre-release Services.
Such Services may be incomplete, unstable, changed substantially, discontinued without notice, contain defects, lose data, or never become generally available.
BETA, PREVIEW, PROTOTYPE, EARLY-ACCESS, EXPERIMENTAL, AND PRE-RELEASE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY PROMISE OF CONTINUED AVAILABILITY, SUPPORT, PERFORMANCE, OR FITNESS FOR PRODUCTION USE.
You should not rely on an experimental Service for critical, irreplaceable, safety-sensitive, or production-dependent activities.
ForgeMy may impose additional terms, limits, eligibility requirements, or confidentiality obligations for experimental Services.
16 Purchases and Payment
Certain Services require payment.
You agree to provide current, complete, and accurate billing and purchase information and to promptly update information necessary to complete transactions or contact you about them.
You authorize ForgeMy and its payment processors to charge the payment method you provide for purchases you authorize, including applicable taxes and disclosed recurring charges.
ForgeMy may use third-party payment processors and may not receive or store your complete payment-card information.
Prices may change at any time. For an existing automatically renewing subscription, a price change will apply prospectively and ForgeMy will provide any advance notice required by applicable law or promised at purchase before charging the changed price.
ForgeMy may correct pricing, description, or billing errors and may refuse, limit, cancel, or refund an order where reasonably necessary, including in cases of error, fraud, abuse, unavailability, or suspected unauthorized activity, even if an order was previously confirmed or charged. If ForgeMy cancels a completed charge because of its own pricing or availability error, ForgeMy will issue an appropriate refund or credit to the original payment method or as otherwise permitted by law.
If a payment fails, is declined, is reversed, or cannot be collected, ForgeMy may retry the payment, use updated payment credentials lawfully supplied by a payment-network account-updater service, suspend paid access, or require another valid payment method. You remain responsible for amounts properly incurred and not successfully collected.
ForgeMy may investigate chargebacks and payment disputes. Fraudulent, abusive, or bad-faith chargebacks may result in suspension or termination and recovery of amounts lawfully owed.
You are responsible for applicable taxes associated with your purchase except taxes imposed on ForgeMy's net income or where applicable law requires ForgeMy to bear the tax.
Unless otherwise stated, amounts are denominated in the currency displayed at checkout.
17 Subscriptions and Automatic Renewal
Certain paid Services may be offered as subscriptions.
IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF EACH BILLING PERIOD AT THE PRICE AND FOR THE RENEWAL PERIOD DISCLOSED TO YOU, UNLESS YOU CANCEL BEFORE THE APPLICABLE RENEWAL DEADLINE.
By purchasing an automatically renewing subscription, you authorize ForgeMy and its payment processor to charge your selected payment method on a recurring basis without requiring separate authorization for each renewal charge, until you cancel or the subscription otherwise ends.
Before purchase, the applicable checkout process will disclose the billing interval, price, renewal terms, renewal or cancellation deadline, trial or promotional terms if applicable, and method of cancellation.
A subscription purchased online may be cancelled online through the applicable account or subscription controls, or through another simple electronic method ForgeMy provides. ForgeMy will provide an electronic confirmation after a cancellation request is successfully processed.
ForgeMy will provide renewal, trial-conversion, material-change, price-change, or other subscription notices when required by applicable law or expressly promised at purchase.
A cancellation submitted after a disclosed renewal deadline ordinarily takes effect at the end of the billing period that has already begun and prevents additional renewals, except where applicable law or the applicable checkout terms require a different result.
Termination of a paid Service by ForgeMy ends future renewal authorization for that Service.
18 Cancellation, Refunds, Trials, and Promotions
You may cancel a subscription using the cancellation method disclosed for the applicable Service.
Unless the applicable Product Terms, checkout disclosure, refund policy, promotion, or law provides otherwise, cancellation ordinarily takes effect at the end of the then-current paid billing period and prevents future renewal charges.
Cancellation does not automatically entitle you to a refund for amounts already charged.
ForgeMy may establish product-specific refund policies, satisfaction guarantees, trial periods, promotional pricing, credits, coupons, or other offers. The terms presented with the applicable offer control.
If a paid Service has no separately disclosed refund policy, fees are non-refundable after purchase except for refunds expressly required by these Terms or applicable law.
Trial or promotional subscriptions may convert to paid subscriptions when clearly disclosed at enrollment. The enrollment flow will disclose the conversion date or billing trigger and the price or pricing method. You are responsible for canceling before the disclosed conversion or renewal deadline if you do not wish to be charged.
ForgeMy may limit eligibility for trials, discounts, promotional codes, credits, or other offers and may revoke or refuse them in cases of fraud, abuse, duplication, multiple-account manipulation, or violation of the applicable offer terms.
Unless otherwise stated, credits, coupons, promotional value, and trial value have no cash value, are non-transferable, and are not refundable.
Nothing in this Section limits refund, cancellation, withdrawal, or consumer rights that cannot lawfully be waived.
19 Promotions, Contests, and Sweepstakes
ForgeMy may offer contests, sweepstakes, giveaways, referral programs, promotions, or similar programs.
Such programs may be governed by separate official rules, eligibility requirements, entry periods, geographic restrictions, prize terms, tax obligations, and other conditions. Promotions are void where prohibited.
If separate promotional rules conflict with these Terms regarding promotion-specific mechanics, eligibility, entry, selection, or prizes, the promotional rules control for that promotion. Promotional rules do not replace a Protective Provision identified in Section 2 unless they expressly identify and replace that Section.
No purchase is necessary for a sweepstakes where applicable law requires a no-purchase method of entry.
Unless official rules state otherwise, promotional credits and referral rewards have no cash value and are non-transferable. Winners are responsible for taxes associated with prizes except where applicable law requires otherwise.
ForgeMy may disqualify entries or participants for fraud, manipulation, abuse, violation of official rules, or other conduct that compromises the integrity of a promotion.
20 Electronic Communications, Transactions, and Signatures
You consent to conducting transactions and receiving communications electronically where permitted by law.
Electronic communications may include account notices, transactional messages, authentication messages, security alerts, receipts, billing notices, subscription notices, legal notices, policy updates, and other communications relating to the Services.
You agree that electronic agreements, notices, disclosures, records, and signatures satisfy legal requirements that such communications be in writing to the extent permitted by applicable law. Clicking, tapping, checking a box, creating an account, completing a purchase, or taking another electronic action that clearly indicates assent may constitute your electronic signature and agreement.
You are responsible for retaining copies of electronic agreements and notices you wish to keep.
Marketing communications are subject to applicable consent and opt-out requirements.
21 SMS and Mobile Messaging Terms
Certain ForgeMy products may use SMS or other mobile messaging for specifically disclosed purposes. Each messaging program is limited to the use cases disclosed when the user requests the applicable messaging function.
ForgeCareer Authentication and Verification SMS Program
ForgeCareer, a service operated by ForgeMy LLC, may send text messages to the mobile number you provide for account authentication, phone-number verification, and one-time passcodes ("OTP").
The ForgeCareer authentication and verification SMS program is not a marketing or promotional messaging program. ForgeMy will not treat a request for ForgeCareer authentication or verification messages as consent to receive unrelated marketing or promotional text messages.
The ForgeCareer interface will identify the SMS messaging program and present the applicable SMS disclosures at or before the point where you request a code or submit a phone number for verification. Requesting the applicable SMS authentication or verification function constitutes your request to receive the corresponding message at the mobile number you provide, subject to applicable law and the disclosures presented in the interface.
Message frequency varies based on your authentication and verification activity. Message and data rates may apply.
You may reply STOP to opt out of the applicable SMS messaging program. You may reply HELP for help. Following an opt-out request, you may receive a final confirmation message confirming that you have been unsubscribed. Where supported by the applicable messaging program and carrier, recognized re-subscription keywords such as START or UNSTOP may be used to request that messaging resume.
Opting out of authentication or verification text messages may prevent you from using ForgeCareer features that require SMS verification if an alternative verification method is not available.
For assistance with ForgeCareer authentication or verification text messages, contact ForgeMy LLC at support@forgemy.ai or 303.589.7100.
Carriers are not liable for delayed or undelivered messages to the extent permitted by applicable law.
Any materially different ForgeMy SMS program will be subject to the disclosures and consent appropriate to that separate program.
Mobile Information and SMS Consent
ForgeMy will not sell, share, rent, or otherwise transfer mobile information, text-messaging originator opt-in data, or SMS consent information to third parties or affiliates for promotional or marketing purposes.
ForgeMy may disclose mobile information and SMS opt-in or consent information to service providers that help ForgeMy provide, deliver, secure, troubleshoot, maintain, or comply with requirements applicable to the messaging service, including messaging-platform providers, telecommunications carriers, security and fraud-prevention vendors, and other vendors involved in message delivery. Those operational disclosures do not authorize recipients to use the information for promotional or marketing purposes.
Additional information about mobile information, SMS consent information, service providers, retention, and privacy rights is provided in the applicable ForgeMy or product-specific Privacy Policy.
22 Service Changes, Availability, and Support
ForgeMy continually develops and changes its Services.
ForgeMy may add, modify, replace, restrict, suspend, or discontinue any Service, plan, integration, model, feature, or functionality, with or without notice, subject to applicable law and the refund protections in Section 24 for prepaid paid Services discontinued by ForgeMy without cause before the end of a prepaid period.
ForgeMy does not guarantee that a Service, feature, integration, third-party dependency, AI model, data source, or communication channel will remain available indefinitely.
Changes to third-party AI providers, models, integrations, infrastructure, or data sources may affect output quality, behavior, availability, or functionality and do not by themselves constitute a breach of these Terms.
ForgeMy may perform maintenance, upgrades, migrations, security work, emergency changes, or other activities that temporarily affect availability.
Unless expressly stated in a separate written agreement, ForgeMy does not guarantee a particular service level, uptime percentage, response time, support level, or feature roadmap.
23 Suspension and Termination for Cause
ForgeMy may immediately suspend or restrict your account or access to any Service if ForgeMy reasonably suspects that:
- you violated these Terms or Product Terms;
- registration, identity, billing, or account information is materially inaccurate, misleading, or fraudulent;
- you engaged in fraud, abuse, harassment, unlawful conduct, or chargeback abuse;
- your conduct or use creates a material security, privacy, legal, carrier, payment, platform, or operational risk;
- your conduct threatens ForgeMy, another user, a third party, or the public;
- continued access could violate law, regulation, court order, carrier rule, platform requirement, contractual obligation, or government restriction;
- your account appears compromised;
- you repeatedly infringe intellectual-property rights; or
- immediate action is reasonably necessary to investigate or prevent harm.
ForgeMy may terminate your account or access for cause if ForgeMy reasonably determines that one or more of the foregoing grounds exists. ForgeMy may act without prior notice where reasonably necessary.
If ForgeMy terminates your account for cause, you are not entitled to a refund except where required by applicable law or expressly stated in applicable Product Terms.
If ForgeMy suspends an account based only on suspicion and later terminates the affected prepaid paid Service without reasonably determining that a for-cause ground existed, the termination will be treated as a termination without cause under Section 24.
After a for-cause termination, you may not create or use another account to circumvent the termination unless ForgeMy expressly authorizes your return in writing.
24 Termination by ForgeMy Without Cause
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORGEMY MAY SUSPEND, RESTRICT, DISCONTINUE, OR TERMINATE YOUR ACCOUNT, A PAID PLAN, OR ACCESS TO ALL OR PART OF THE SERVICES AT ANY TIME, WITH OR WITHOUT CAUSE.
If ForgeMy terminates your prepaid paid Service without cause, permanently discontinues that paid Service before the end of a prepaid period without providing a substantially equivalent replacement, materially restricts paid functionality without cause for the remainder of the prepaid period, or suspends the paid Service without cause for more than thirty (30) consecutive days, ForgeMy will provide a prorated refund of prepaid fees attributable to the affected unused service, unless a greater refund is required by applicable law.
Proration will be calculated on a daily calendar basis using the amount you actually paid for the affected prepaid period. For termination or permanent discontinuation, the refund runs from the effective date through the end of the prepaid period. If a no-cause suspension lasts more than thirty (30) consecutive days and service later resumes, the refund covers the full period during which the paid Service was unavailable. If the Service does not resume, the refund covers the unused remainder of the prepaid period. Free service, trial value, promotional credits, coupons, and other amounts you did not actually pay are excluded.
ForgeMy may determine reasonably whether a replacement is substantially equivalent. If ForgeMy offers a replacement for a discontinued paid Service and you decline it, you may elect the prorated refund instead.
ForgeMy will issue a refund required by this Section within thirty (30) days after the amount becomes determinable, generally to the original payment method or by another lawful method if that method is unavailable. Refundable taxes collected on the refunded amount will be handled as required by applicable law.
A refund required by this Section is separate from and does not reduce the aggregate liability cap in Section 28.
Except for the prorated refund described above and rights that cannot lawfully be waived, ForgeMy will not owe compensation for loss of access, loss of data, anticipated benefits, business opportunities, career opportunities, goodwill, or other losses resulting from a no-cause termination, discontinuation, material restriction, or qualifying suspension. A no-cause suspension of thirty (30) consecutive days or less does not itself create a refund right unless applicable law or Product Terms require otherwise.
Where reasonably practicable and where doing so does not create a security, fraud, legal, or operational risk, ForgeMy may provide notice or a limited opportunity to export User Content before permanent account closure.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRORATED REFUND DESCRIBED IN THIS SECTION IS YOUR SOLE MONETARY REMEDY FOR A TERMINATION, DISCONTINUATION, MATERIAL RESTRICTION, OR QUALIFYING SUSPENSION BY FORGEMY WITHOUT CAUSE.
25 Termination by You and Account Deletion
You may stop using the Services at any time.
Where a Service supports account deletion, you may initiate deletion through the applicable account controls or contact method.
Deleting an account is distinct from canceling a paid subscription unless the applicable product expressly combines those actions. You are responsible for following the applicable cancellation procedure to prevent future subscription renewal charges.
You should export User Content you wish to retain before deleting your account or before access terminates. Data retention and deletion practices are described in the applicable Privacy Policy.
Upon termination or expiration of your right to use a Service, your license to that Service ends, future renewal authorization for a terminated paid Service ends, and you must stop using ForgeMy materials that you are no longer authorized to possess. Accrued payment obligations and provisions that survive under Section 26 remain in effect. User Content is handled as described in Section 7 and the applicable privacy notice.
26 Survival
Termination or expiration does not affect rights or obligations that accrued before termination.
Sections 7 through 14, 16 through 21 to the extent applicable to accrued transactions or communications, 23 through 30, 31 through 37, and 40 through 49, together with any other provision that by its nature should survive, survive termination or expiration of these Terms.
27 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
FORGEMY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND QUIET ENJOYMENT.
ForgeMy does not warrant that:
- the Services will be uninterrupted, error-free, secure, or available at any particular time;
- defects will be corrected;
- information, recommendations, scores, AI Output, or third-party content will be accurate or complete;
- the Services will meet your requirements;
- data will never be lost, corrupted, or inaccessible;
- third-party integrations, providers, models, carriers, platforms, or APIs will remain available;
- the Services will be free from harmful components; or
- use of the Services will produce any particular result.
Information made available through the Services may be incomplete or out of date. ForgeMy has no general duty to update informational content unless applicable law or a separate written agreement requires otherwise.
No oral or written information, advice, representation, or communication obtained from ForgeMy or through the Services creates a warranty not expressly stated in these Terms.
Except for remedies expressly provided in these Terms and rights that cannot lawfully be waived, your remedy for dissatisfaction with a free Service is to stop using it.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, these exclusions apply only to the maximum extent permitted by law.
28 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORGEMY LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "FORGEMY PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, CAREER OPPORTUNITY, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, USER CONTENT, THIRD-PARTY SERVICES, AI OUTPUT, OR YOUR RELATIONSHIP WITH FORGEMY, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL FORGEMY PARTIES ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR YOUR RELATIONSHIP WITH FORGEMY WILL NOT EXCEED THE GREATER OF:
(A) ONE HUNDRED U.S. DOLLARS ($100); OR
(B) THE AMOUNT YOU PAID TO FORGEMY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
For a bundled subscription covering multiple Services, ForgeMy may allocate the amount paid among the affected Services using the allocation stated at purchase, relative standalone prices, or another reasonable allocation method.
To the maximum extent permitted by applicable law, the ForgeMy Parties are not responsible for the acts, omissions, content, decisions, outages, security practices, or conduct of third parties, other users, employers, recruiters, carriers, payment processors, AI providers, app stores, game platforms, or other external services.
The exclusions and limitations in these Terms are fundamental elements of the agreement between you and ForgeMy and apply even if a limited remedy fails of its essential purpose, to the maximum extent permitted by law.
Nothing in these Terms excludes or limits liability that applicable law does not permit to be excluded or limited, including liability that cannot lawfully be limited for fraud, willful misconduct, or other non-waivable conduct.
29 Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the ForgeMy Parties from and against third-party claims, demands, actions, proceedings, liabilities, judgments, damages, losses, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
- your breach of these Terms or Product Terms;
- your unlawful, fraudulent, abusive, or unauthorized use of the Services;
- your User Content;
- your publication, submission, distribution, or use of AI Output or other content for which you are responsible;
- your infringement or violation of another person's intellectual-property, privacy, publicity, contractual, confidentiality, or other rights;
- your violation of applicable law or regulation;
- disputes between you and another user, employer, recruiter, customer, or other third party arising from your conduct;
- technical disruption, security harm, or misuse caused by you; or
- your fraud, negligence, willful misconduct, or misuse of the Services.
ForgeMy may assume exclusive control of the defense of any matter subject to indemnification, and you agree to reasonably cooperate. You may not settle a matter imposing liability, admission, restriction, or obligation on any ForgeMy Party without ForgeMy's prior written consent.
30 Geographic, Export, and Sanctions Restrictions
The Services are operated from the United States and may not be appropriate or legally available in every jurisdiction.
Users accessing the Services from outside the United States do so on their own initiative and are responsible for compliance with applicable local law.
You agree to comply with applicable U.S. export-control, sanctions, and trade laws. You may not use or export the Services in violation of applicable restrictions or if you are prohibited from receiving U.S.-origin services under applicable law.
31 Informal Dispute Resolution
Before initiating arbitration or litigation concerning a dispute arising out of or relating to these Terms or the Services, the complaining party must provide an individualized written notice describing the dispute, relevant facts, the claimant's identity and account email if applicable, and requested relief and must make a good-faith effort to resolve the dispute informally for at least thirty (30) days after receipt.
The notice must concern the individual claimant's own dispute and may not be a generic or bulk notice submitted on behalf of unidentified claimants.
Notices to ForgeMy must be sent to:
If ForgeMy believes a user's notice materially lacks information required by this Section, ForgeMy will identify the deficiency within ten (10) days after receipt. Otherwise, the notice will be treated as complete when received.
If ForgeMy is the complaining party, ForgeMy may send its notice to the email address associated with your account and, if available, your mailing address.
To the extent the parties may lawfully agree to tolling, an applicable limitations period is tolled from the date a required notice is sent until thirty (30) days after receipt of a complete notice and during any mandatory stay imposed under Section 32.
This requirement does not prevent a party from seeking emergency or temporary injunctive relief where reasonably necessary to prevent imminent harm or preserve rights pending resolution of the dispute.
32 Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for disputes expressly excluded below or where applicable law prohibits arbitration, you and ForgeMy agree that disputes arising out of or relating to these Terms, the Services, your relationship with ForgeMy, or transactions with ForgeMy will be resolved through binding individual arbitration rather than in court.
This arbitration agreement is governed by the Federal Arbitration Act ("FAA").
For a user acting primarily for personal, family, or household purposes, arbitration will be administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules then in effect. If ForgeMy expressly permits a Service to be used primarily for business or organizational purposes and the dispute is not a consumer dispute, the AAA Commercial Arbitration Rules then in effect will apply. Applicable AAA supplementary rules also apply.
If AAA is unavailable or unwilling to administer a particular dispute, the parties will attempt in good faith to select a comparable nationally recognized provider. If they cannot agree, a court of competent jurisdiction may appoint an arbitration provider consistent with the FAA.
Consumer filing and arbitration fees will be allocated under the AAA Consumer Arbitration Rules and applicable law. ForgeMy will pay any consumer filing fee that those rules or applicable law require ForgeMy to pay.
For an individual consumer claim seeking no more than $10,000 in monetary relief, the claimant may elect a documents-only, telephone, video, or other remote hearing to the extent permitted by the governing rules. Any required in-person consumer hearing will occur in the claimant's county of residence unless the claimant elects Denver, Colorado, or the parties agree otherwise.
The arbitrator is bound by these Terms and may award the same individual remedies that a court could award to the individual claimant, subject to applicable law. The arbitrator may award injunctive or declaratory relief only to the extent necessary to provide relief warranted by the individual claimant's own claim, except where applicable law requires otherwise.
Except for questions reserved to a court under these Terms or applicable law, the arbitrator may resolve disputes concerning the interpretation, applicability, scope, or enforceability of this arbitration agreement. A court of competent jurisdiction will decide disputes concerning whether an arbitration agreement was formed, whether a Product Term or other agreement replaced any part of Sections 31 through 37, the enforceability or scope of the class-action waiver, the applicability of public-injunctive-relief carve-outs, and the application of the mass-arbitration provisions below.
Mass Arbitration
If AAA determines that a group of demands qualifies as a mass arbitration, the AAA Mass Arbitration Supplementary Rules and applicable AAA fee schedule then in effect will govern, together with the otherwise applicable Consumer or Commercial Arbitration Rules.
Nothing in these Terms requires consolidation of the merits of different claimants' individual claims. Administrative coordination, process-arbitrator proceedings, staged administration, mediation, or other procedures permitted by the AAA Mass Arbitration Supplementary Rules do not convert individual claims into class or representative arbitration.
Any mandatory stay imposed under the applicable AAA rules will toll contractual limitations periods under Section 36 for the affected claimant and any other limitations period to the extent the parties may lawfully agree to toll it.
33 Arbitration Opt-Out
You may opt out of the arbitration agreement in Section 32 by sending written notice to legal@forgemy.ai or by mail to the notice address in Section 31 within thirty (30) days after you first accept a version of these Terms containing the arbitration agreement.
Your notice must include:
- your full legal name;
- the email address associated with your ForgeMy account, if applicable;
- your mailing address; and
- an unambiguous statement that you decline and opt out of the ForgeMy LLC arbitration agreement.
A timely opt-out applies across ForgeMy Services governed by these Terms and applies to the agreement to arbitrate in Section 32, including its mass-arbitration provisions.
Unless applicable law provides otherwise, the informal-dispute process in Section 31, court venue in Section 34, class-action and jury-trial waivers in Section 35, claim limitation in Section 36, and governing-law provisions in Section 37 remain applicable to disputes litigated in court. If any such in-court waiver is unenforceable, it will be severed to the minimum extent necessary without affecting the remainder of the Terms.
Opting out of arbitration does not otherwise alter these Terms or prevent you from using the Services.
34 Exceptions to Arbitration
Nothing in these Terms prevents either party from:
- bringing an individual action in small claims court when eligible;
- electing to transfer an eligible individual dispute to small claims court to the extent permitted by the governing arbitration rules and applicable law;
- seeking temporary, preliminary, or emergency injunctive relief in court when reasonably necessary to prevent imminent harm or preserve the status quo pending arbitration; or
- seeking court relief concerning actual or threatened infringement, misappropriation, or violation of intellectual-property rights, confidential information, or trade secrets.
Claims for public injunctive relief that applicable law does not permit to be waived or resolved solely through individual arbitration may be brought in a court of competent jurisdiction. To the extent permitted by law, any such court claim may be stayed while arbitrable individual claims are resolved.
Where litigation is permitted, and except where applicable law requires otherwise, you and ForgeMy consent to the exclusive jurisdiction and venue of the state and federal courts located in or serving Denver, Colorado.
35 Class Action and Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FORGEMY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION.
Unless both parties agree otherwise or applicable law requires otherwise, an arbitrator may not consolidate the merits of the claims of more than one person or preside over a class or representative proceeding. Administrative coordination permitted under the AAA Mass Arbitration Supplementary Rules does not violate this restriction because each claimant's merits remain individual.
A court of competent jurisdiction, not an arbitrator, will decide whether this class-action waiver is valid or enforceable. If a court determines that the prohibition on class or representative arbitration is unenforceable as to a particular claim or request for relief, that claim or request for relief will proceed in court rather than in class or representative arbitration, while any enforceable individual arbitration obligations remain in effect to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FORGEMY EACH WAIVE THE RIGHT TO A TRIAL BY JURY, INCLUDING FOR CLAIMS THAT PROCEED IN COURT AFTER A VALID ARBITRATION OPT-OUT, EXCEPT WHERE APPLICABLE LAW DOES NOT PERMIT THE WAIVER.
If the class-action waiver or jury-trial waiver is unenforceable in a court proceeding, that waiver will be severed only to the extent necessary and the remaining provisions will continue to apply.
36 Time Limit for Claims
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICES, A TRANSACTION WITH FORGEMY, OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES.
A claim is "commenced" when a valid demand for arbitration is filed with the applicable arbitration provider or, for a claim permitted to proceed in court, when a complaint is filed in a court of competent jurisdiction.
To the extent the parties may lawfully agree to tolling, applicable limitations periods are tolled as provided in Section 31 and during any mandatory stay applicable to the claimant under Section 32.
If applicable law prohibits shortening a limitations period for a particular claim, or requires a longer non-waivable period, the minimum limitations period required by that law applies to that claim.
37 Governing Law
These Terms and disputes arising out of or relating to these Terms or the Services are governed by the laws of the State of Colorado, without regard to conflict-of-law principles, except where applicable law requires otherwise.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms to the extent it could otherwise apply.
38 Force Majeure
ForgeMy will not be responsible for delay, interruption, degradation, or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, governmental actions, power failures, internet failures, telecommunications failures, cyberattacks, denial-of-service attacks, failures of cloud providers, payment processors, artificial-intelligence providers, carriers, hosting providers, third-party APIs, or other external infrastructure.
39 Changes to These Terms
ForgeMy may modify these Terms from time to time.
When we do, we will update the "Last Updated" date.
If changes are material, ForgeMy will provide reasonable additional notice through the Services, by email, or by another reasonable method before the material changes become effective.
Material changes apply prospectively and do not alter the rules governing a dispute that accrued, or for which a required dispute notice was sent, before the effective date of the change, except where the parties expressly agree otherwise or applicable law requires otherwise.
If ForgeMy materially changes any provision in Sections 31 through 37, other than a contact address or other non-substantive administrative detail, a user who was already subject to the prior version may reject the changed dispute-resolution provision by sending written notice to the contact method specified in the change notice within thirty (30) days after the changed provision becomes effective. In that event, the prior version of the affected dispute-resolution provisions will continue to govern that user to the extent permitted by law.
Pricing, renewal, trial, and subscription changes for existing subscriptions are governed by the applicable checkout terms, Product Terms, Section 17, and applicable law rather than solely by continued use.
Where ForgeMy requires affirmative acceptance of revised Terms, continued access to the applicable Service may require you to accept the new version.
Continued use after revised Terms become effective constitutes acceptance to the extent permitted by applicable law.
40 Assignment
You may not assign or transfer these Terms or your rights or obligations under them without ForgeMy's prior written consent.
ForgeMy may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, corporate restructuring, or similar transaction, or as otherwise permitted by applicable law.
41 Severability
If a provision of these Terms is held unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law and, where appropriate, modified to most closely reflect its lawful intended effect. The remaining provisions will remain in full force and effect.
42 No Waiver
ForgeMy's failure or delay in exercising or enforcing a right or provision does not waive that right or provision.
A waiver is effective only if made in writing by an authorized representative of ForgeMy and applies only to the circumstance for which it is given.
43 Entire Agreement and Order of Precedence
These Terms, applicable Product Terms, checkout terms, promotion rules, and other contractual terms expressly incorporated by reference constitute the agreement between you and ForgeMy concerning the applicable Services and supersede prior or contemporaneous understandings concerning those Services. Privacy policies and privacy notices are notices describing data practices and are not incorporated into this agreement except for specific commitments expressly stated in these Terms.
The following order-of-precedence rules apply:
- a separately signed written agreement controls to the extent it expressly addresses and conflicts with another applicable contractual term;
- for the price, billing interval, trial, renewal, cancellation, and refund terms of a specific transaction, the checkout disclosures accepted for that transaction control;
- applicable Product Terms control other product-specific conflicts when they specifically address the conflicting subject;
- promotion, contest, or sweepstakes official rules control promotion-specific mechanics, eligibility, entry, selection, and prizes; and
- these Terms control all remaining matters.
Notwithstanding that ranking, a Protective Provision identified in Section 2 is cumulative and may be replaced only by a later applicable document that expressly identifies the Section being replaced and states that it replaces that Section.
Sections 31 through 37 govern dispute resolution across ForgeMy Services unless a later applicable agreement accepted by you expressly identifies and replaces the applicable Section.
44 Third-Party Beneficiaries
Except as stated below, these Terms do not create third-party beneficiary rights.
The ForgeMy Parties defined in Section 28 are intended third-party beneficiaries of Sections 27 through 29 and may enforce those Sections to the extent applicable to them.
45 Headings and Interpretation
Section headings are for convenience only and do not affect interpretation.
Words such as "including" and "include" mean "including without limitation." Singular terms include the plural where context permits and vice versa.
46 Copyright and Intellectual-Property Complaints
ForgeMy respects intellectual-property rights.
If you believe material available through a Service infringes your copyright or other intellectual-property rights, you may send a written notice identifying the protected work, the allegedly infringing material and its location, your contact information, and the basis for your claim.
Notices may be sent to:
ForgeMy may investigate a complaint and may remove or restrict material or terminate repeat infringers where appropriate. ForgeMy may publish additional copyright-complaint procedures if a Service later permits public or third-party content hosting that warrants additional procedures.
47 Notices
ForgeMy may provide legal or account notices to you through the Services, by email to the address associated with your account, through an account notification, or by another reasonable method permitted by applicable law.
You are responsible for maintaining a current email address and contact information for your account.
Unless a specific Section requires a different method, legal notices to ForgeMy must be sent to the contact information in Section 49.
An email notice is effective when sent unless applicable law requires a different rule. An in-Service notice is effective when made available to the applicable account or user, unless applicable law requires a different rule.
48 California Consumer Notice
For California residents, the provider of the Services is ForgeMy LLC, 4435 Julian Street, Denver, Colorado 80211, United States, telephone 303.589.7100, email legal@forgemy.ai.
Complaints concerning the Services or requests for additional information may be directed to ForgeMy using that contact information. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs using the contact information published by that agency.
49 Contact Information
Questions, legal notices not governed by another Section, and requests concerning these Terms may be directed to:
Privacy-related requests should be submitted using the contact method specified in the applicable ForgeMy Privacy Policy.