The rules and guidelines that govern your use of the ForgeSystem platform. Please read these terms carefully before creating an account or using our services.
By creating an account, accessing, or using ForgeSystem in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the platform.
You must be at least 18 years old or the age of majority in your jurisdiction to use ForgeSystem. If you are using the platform on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these terms. In that case, "you" refers to both you as an individual and the entity you represent.
These Terms of Service incorporate our Privacy Policy and Acceptable Use guidelines by reference. Together, these documents form the complete agreement governing your use of the platform.
The following terms have specific meanings throughout this agreement:
ForgeSystem is a white-label platform designed for agencies to manage client relationships and deliver professional services under their own brand. The platform includes the following features:
ForgeSystem may add, modify, or retire features at any time. We will provide reasonable notice before discontinuing any core feature that materially affects your use of the platform.
When you create a ForgeSystem account, you agree to provide accurate, current, and complete information. You are responsible for keeping your account details up to date.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. ForgeSystem is not liable for any loss or damage arising from unauthorized access to your account.
You must notify us immediately if you become aware of any unauthorized access to or use of your account. Each agency is limited to one account unless otherwise agreed in writing.
Pricing for ForgeSystem is published on the platform and may be billed on a monthly or annual basis. All payments are processed through Stripe, and by using ForgeSystem, you also agree to Stripe's Terms of Service.
This section defines the core of ForgeSystem's business model. Please read it carefully, as it outlines your rights and responsibilities when offering the platform under your own brand.
ForgeSystem grants you a limited, non-exclusive, non-transferable, revocable license to rebrand and offer the platform to your clients under your own brand identity. This license is valid only for the duration of your active subscription.
You are the contracting party with your clients. ForgeSystem has no direct legal or business relationship with your end users. You are responsible for:
If your ForgeSystem account is terminated for any reason, your clients' access to the platform will also terminate. You must maintain your own terms of service and privacy policy that govern your relationship with your clients.
You agree not to use ForgeSystem for any purpose that is unlawful, harmful, or in violation of these terms. Specifically, you agree not to:
Violations may result in a warning, temporary suspension, or permanent termination of your account, depending on the severity of the violation. ForgeSystem reserves the right to suspend accounts immediately and without prior notice for egregious violations that pose an imminent threat to other users or the platform.
As an agency, you are responsible for enforcing these acceptable use standards with your own clients.
All commercial email sent through the platform must comply with the CAN-SPAM Act. This means:
Both ForgeSystem and the sending agency may be held responsible for non-compliance with email regulations.
All SMS messages sent through the platform must comply with the Telephone Consumer Protection Act (TCPA). This means:
Important: Agencies sending email or SMS through ForgeSystem accept full responsibility for obtaining, documenting, and maintaining valid consent from their contacts. ForgeSystem reserves the right to immediately suspend sending privileges for any account found in violation of these compliance requirements.
ForgeSystem includes tools for creating contracts and collecting electronic signatures from parties.
ForgeSystem does not provide legal advice regarding contract enforceability. We recommend consulting a licensed attorney for questions about the legal validity of your agreements.
By using the platform, agencies grant ForgeSystem a limited, non-exclusive license to host, process, and display their data solely for the purpose of delivering the services described in these terms. ForgeSystem may use anonymized, aggregated data to improve the platform, develop new features, and generate industry benchmarks. This data will never be used to identify individual agencies or their clients.
Agencies retain full ownership of their data at all times. ForgeSystem acts as a data processor on your behalf, not a data owner.
Both parties agree to keep confidential information private and to use it only for the purposes of fulfilling obligations under these terms.
Confidential information includes but is not limited to:
Confidentiality obligations do not apply to information that: (a) becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party before disclosure; (c) is independently developed without use of the disclosing party's confidential information; or (d) is required to be disclosed by law, regulation, or court order.
Confidentiality obligations survive for two (2) years after termination of the agreement.
ForgeSystem targets 99.9% monthly uptime for the platform. This target excludes:
If the platform falls below 99.9% uptime in a given calendar month, affected agencies may request a service credit by notifying us in writing within 30 days of the incident. The maximum credit for any billing period is equal to one month's subscription fee.
The platform integrates with and relies upon third-party services to deliver certain functionality:
ForgeSystem is not liable for outages, changes, or disruptions caused by third-party services. Where applicable, your use of integrated third-party services is also subject to those providers' own terms of service and acceptable use policies.
You agree to indemnify, defend, and hold harmless ForgeSystem, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from:
ForgeSystem agrees to indemnify and defend you against third-party claims alleging that the platform infringes a valid third-party intellectual property right, provided the claim does not arise from your modifications or misuse of the platform.
Either party must provide prompt written notice of any claim and allow the indemnifying party to control the defense and settlement. The indemnified party will cooperate reasonably in the defense of such claims.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. FORGESYSTEM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FORGESYSTEM DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FORGESYSTEM MAKES NO GUARANTEES REGARDING YOUR BUSINESS RESULTS, REVENUE, OR OUTCOMES FROM USING THE PLATFORM.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply only to the extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORGESYSTEM'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO FORGESYSTEM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL FORGESYSTEM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF BUSINESS OPPORTUNITIES, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
The following are not subject to the liability cap above: (a) gross negligence or willful misconduct by either party; (b) ForgeSystem's intellectual property indemnification obligations under Section 15; and (c) either party's breach of confidentiality obligations under Section 12.
Either party may terminate this agreement if the other party materially breaches these terms and fails to cure the breach within 30 days of receiving written notice specifying the breach.
You may cancel your ForgeSystem subscription at any time through your account settings or by contacting support. Fees for the current billing period are non-refundable upon cancellation.
ForgeSystem may suspend or terminate your account immediately and without prior notice if:
Accounts with invoices more than 15 days past due may be suspended after written notice. Service will be restored upon payment of all outstanding amounts.
Before initiating any formal proceedings, you agree to contact ForgeSystem and attempt to resolve the dispute informally for at least 30 days. Many concerns can be resolved quickly through direct communication.
If a dispute cannot be resolved informally, it will be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration may be conducted virtually or in person in the state where Legacy Shift LLC is registered.
CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST FORGESYSTEM.
These terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration clause in Section 19.
For any matters not subject to arbitration, you consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of Texas.
Your continued use of the platform after the notice period for material changes constitutes your acceptance of the updated terms. If you disagree with any material changes, you may terminate your account before the changes take effect.
For questions, concerns, or inquiries about these Terms of Service, please reach out to us.
Email: support@forgesystems.io
Subject line: "Terms of Service Inquiry"
We respond to all inquiries within 24-48 business hours. A physical mailing address is available upon request.