Forsured, Inc. — Terms and Conditions of Service

Effective Date: April 28, 2026 | Version 1.4

1. Acceptance and Scope of Agreement

1.1 Acceptance of Terms

These Terms and Conditions (“Terms”) form a binding agreement between you (“you,” “your,” or “User”) and Forsured, Inc., a Delaware corporation (“Forsured,” “we,” “us,” or “our”). By creating an account, accessing, or using the Forsured platform, including any related websites, mobile applications, APIs, integrations, and services (collectively, the “Platform”), you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

1.2 Authority to Bind

If you are accepting these Terms on behalf of a company, partnership, sole proprietorship, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms. References to “you” include both you individually and the entity you represent.

1.3 Eligibility

You must be at least 18 years old and capable of entering into a binding contract under the laws of your state of residence. The Platform is intended solely for business use by professionals operating in the construction, insurance, and related industries within the United States.

1.4 Supplemental Agreements

Certain users may be subject to supplemental agreements based on their role on the Platform, including but not limited to the Forsured Broker Platform Agreement (applicable to licensed insurance brokers and agents) and any Master Services Agreement or Order Form executed between Forsured and an enterprise customer. In the event of a conflict between these Terms and any executed supplemental agreement, the supplemental agreement shall control with respect to its specific subject matter.

2. Nature of the Service

2.1 Technology Provider Only

Forsured is a software-as-a-service technology provider. Forsured is not, and does not hold itself out as, an insurance company, insurance agency, insurance broker, insurance producer, managing general agent, third-party administrator, law firm, or licensed legal professional. Forsured does not transact insurance, solicit insurance business, negotiate insurance contracts, or provide legal advice.

2.2 What the Platform Does

The Platform provides administrative software tools designed to assist users in:

• Collecting, organizing, and storing insurance-related documents, including Certificates of Insurance (“COIs”), endorsements, bonds, and related materials.
• Applying machine learning and artificial intelligence techniques to extract data from those documents and compare it against user-defined or contract-derived requirements.
• Generating informational outputs such as compliance scores, gap analyses, and renewal alerts.
• Facilitating communication and document exchange between general contractors (“General Contractors” or “GCs”), subcontractors (“Subcontractors” or “Subs”), licensed insurance brokers, agents, and producers (collectively, “Brokers,” and each a “Broker”), and other authorized parties invited to a project workspace. As used throughout these Terms, “Broker” refers exclusively to a licensed insurance broker, agent, or producer, and does not include real estate brokers, mortgage brokers, freight brokers, customs brokers, or any other type of broker.

2.3 What the Platform Is Not

Outputs generated by the Platform — including any compliance score, status indicator (such as “Compliant,” “Conditionally Compliant,” or “Non-Compliant”), gap analysis, recommendation, or AI-generated commentary — are informational tools to assist your decision-making. They are not, and shall not be construed as:

• Legal advice or a legal opinion regarding contract interpretation, indemnification, or risk allocation.
• Professional insurance advice, broker recommendations, or fiduciary guidance regarding the adequacy, suitability, or sufficiency of any insurance coverage.
• A guarantee, warranty, or certification that any policy, endorsement, or coverage will respond to a particular loss, claim, or contractual obligation.
• A substitute for review by qualified legal counsel, a licensed insurance broker, or a licensed risk management professional.

3. Artificial Intelligence: Disclosures and User Responsibilities

3.1 Use of AI and Machine Learning

The Platform incorporates artificial intelligence, machine learning, optical character recognition, and large language model technologies (collectively, “AI Systems”) to process documents and generate outputs. You acknowledge and agree that:

• AI Systems are probabilistic and may produce errors, inaccuracies, or outputs that do not reflect the true content of source documents.
• AI Systems may misinterpret, omit, or incorrectly classify endorsements, exclusions, limits, dates, named insureds, or other policy elements, particularly where source documents are illegible, non-standard, incomplete, or contain ambiguous language.
• Confidence indicators, scores, or thresholds displayed by the Platform are estimates and do not constitute a guarantee of accuracy.

3.2 Final Authority Rests with the User

Final authority to determine whether any insurance documentation satisfies a contractual or project requirement rests exclusively with you. You retain the right and the obligation to review Platform outputs, exercise independent professional judgment, and consult qualified counsel or a licensed broker as appropriate before relying on any output for a consequential decision.

3.3 User Sign-Off Constitutes Validation

When you mark a record as “Approved,” “Compliant,” “Accepted,” or take any analogous affirmative action within the Platform, you certify that you have reviewed the underlying documentation, exercised your own judgment, and accept responsibility for that determination. You agree that Forsured is not responsible for any consequence arising from your sign-off, including but not limited to disputes with project owners, claim denials, indemnification demands, or regulatory action.

3.4 Document Completeness

Platform outputs are only as accurate as the documentation provided. You are responsible for ensuring that all relevant insurance documents — including primary policies, endorsements, schedules, declarations pages, and supplemental forms — are uploaded in full, in legible form, and in the correct association with one another. Forsured is not liable for outputs that are inaccurate due to incomplete, missing, illegible, or improperly associated documentation.

3.5 Right to Human Review (State-Specific Rights)

Where required by applicable law, including the Colorado AI Act (SB24-205), the Texas Responsible Artificial Intelligence Governance Act (“TRAIGA”), and similar state legislation, users who are subject to a Platform output that has a material adverse effect on a legally protected interest may request human review of that output. To exercise this right, contact privacy@forsured.com. Forsured will respond within the timeframes required by applicable law.

3.6 Opt-Out of AI Model Training

You may opt out of having your data used to train or improve Forsured’s AI Systems by submitting a request to privacy@forsured.com. Exercising this opt-out may limit certain Platform functionality that depends on personalized model improvement, but will not affect your access to core compliance features.

3.7 Assumption of Risk for AI Reliance

YOU EXPRESSLY ASSUME ALL RISK ARISING FROM YOUR RELIANCE ON ANY AI-GENERATED OUTPUT. WITHOUT LIMITING THE FOREGOING, FORSURED SHALL HAVE NO LIABILITY FOR, AND YOU RELEASE FORSURED FROM, ANY CLAIM ARISING OUT OF OR RELATING TO: (A) A PARTY (INCLUDING A SUBCONTRACTOR, GENERAL CONTRACTOR, BROKER, OR PROJECT OWNER) BEING ACCEPTED, REJECTED, AWARDED, OR DISQUALIFIED FROM A BID, CONTRACT, OR PROJECT BASED IN WHOLE OR IN PART ON A PLATFORM OUTPUT; (B) AN INSURANCE CLAIM BEING DENIED, REDUCED, OR CONTESTED BY A CARRIER; (C) AN INDEMNIFICATION OBLIGATION BEING TRIGGERED OR DISPUTED; (D) A CONTRACTUAL DEFAULT, TERMINATION, OR PENALTY BEING ASSESSED BY A COUNTERPARTY; (E) A REGULATORY INVESTIGATION, FINE, OR ENFORCEMENT ACTION; (F) A LOSS OF BONDING CAPACITY, INSURANCE COVERAGE, OR PREQUALIFIED VENDOR STATUS; OR (G) ANY OTHER ECONOMIC, REPUTATIONAL, OR OPERATIONAL CONSEQUENCE TO YOU OR ANY THIRD PARTY. THIS ASSUMPTION OF RISK APPLIES REGARDLESS OF WHETHER THE PLATFORM OUTPUT WAS ACCURATE, INACCURATE, COMPLETE, OR INCOMPLETE.

3.8 No Insurance Carrier or Underwriting Function

Forsured does not underwrite, issue, modify, endorse, or pay on any insurance policy. Nothing on the Platform creates any obligation owed by Forsured to any insurance carrier, reinsurer, surety, or beneficiary of any policy or bond reviewed on the Platform. No insurance carrier or surety is a third-party beneficiary of these Terms or the Platform.

4. Insurance Disclaimers

4.1 No Insurance Advice

Nothing on the Platform constitutes the offer, sale, solicitation, negotiation, or recommendation of any insurance product. Forsured does not advise you on whether any policy, limit, endorsement, or carrier is suitable for your needs. You should consult a licensed insurance professional in your state for any such advice.

4.2 No Unauthorized Practice of Law or Insurance

Forsured does not engage in the practice of law or in the business of insurance in any jurisdiction. References to standards, requirements, statutes, regulations, or industry forms (including ACORD forms, ISO endorsements, or AM Best ratings) are provided for informational purposes only and do not constitute interpretation, advice, or certification.

4.3 Third-Party Carrier Ratings

The Platform may display financial strength ratings, solvency information, or licensing data sourced from third parties, including AM Best, state departments of insurance, and other public or commercial data providers. You acknowledge that:

• Such information may be outdated, latent, incomplete, or incorrect.
• Forsured does not independently verify, audit, or guarantee the accuracy of third-party data.
• Forsured makes no representation or warranty regarding the financial condition, solvency, or claims-paying ability of any insurer.
• You agree to independently verify carrier ratings through official channels (such as AM Best or the relevant state department of insurance) before making any decision that relies on such ratings.

4.4 No Guarantee of Coverage

A “Compliant” status on the Platform reflects an automated comparison of available data against stated requirements. It is not a representation, warranty, or guarantee that any insurance policy will respond to a particular claim, that any carrier will pay a claim, or that the coverage shown will satisfy the actual requirements of any specific contract, statute, or court ruling.

5. Account Registration and Network Management

5.1 Account Registration

To access most Platform features, you must register for an account. You agree to provide accurate, current, and complete information and to update such information promptly when it changes. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

5.2 Multi-Factor Authentication

Forsured may require multi-factor authentication for certain account types or actions. You agree to enable and maintain such security measures when required.

5.3 User-Led Invitations

The Platform allows users to invite other parties (such as Subcontractors, General Contractors, or Brokers) to participate in projects or workspaces. You acknowledge that:

• Forsured does not vet, verify, or certify the identity, credentials, licenses, qualifications, financial standing, or trustworthiness of any party invited to or participating on the Platform.
• Verifying the legitimacy of any party with whom you transact business is your sole responsibility.
• Any dispute, friction, misrepresentation, or bad-faith conduct between you and another user is to be resolved between those parties. Forsured is not a party to and is not responsible for resolving such disputes.

5.4 Compliance Passport Portability

Subcontractor users may build and maintain a “Compliance Passport” containing verified compliance data. Subject to the data export and termination provisions in Section 15, your Compliance Passport remains accessible to you regardless of which General Contractor or Broker invited you to the Platform.

5.5 Release of Claims Between Users

Forsured is a neutral technology provider and is not a party to any contract, project, bid, insurance placement, or business relationship between users or between users and third parties. You hereby release Forsured, and waive any claim against Forsured, arising out of or relating to: (a) any act, omission, misrepresentation, fraud, or bad-faith conduct of any other user; (b) any dispute between you and another user, including disputes regarding payment, project performance, indemnification, insurance placement, scope of work, or warranty; (c) any data, document, or representation submitted by another user that proves to be false, misleading, expired, forged, or incomplete; (d) the identity, qualifications, licensure, financial standing, or fitness of any user; or (e) the legal effect of any communication or document exchanged on the Platform. If you have a dispute with another user, you agree to pursue your remedies directly against that user and not against Forsured. If you are a California resident, you expressly waive California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

5.6 No Beneficiary Status for Invited or Affected Parties

Project owners, lenders, sureties, insurance carriers, regulators, and any other party not directly contracting with Forsured are not third-party beneficiaries of these Terms or of the Platform, and acquire no rights against Forsured by virtue of any user’s use of the Platform or any output generated by it.

6. Acceptable Use

6.1 Permitted Use

This Section 6 constitutes the Acceptable Use Policy applicable to all users of the Platform (the “Acceptable Use Policy”). You may use the Platform solely for its intended business purpose: managing insurance compliance documentation in connection with construction projects and related activities. Any other use is prohibited. Compliance with the Acceptable Use Policy is a material condition of your continued access to the Platform, and any violation may result in immediate suspension or termination under Section 6.3, in addition to any other remedies available to Forsured.

6.2 Prohibited Conduct

You agree not to, and not to permit any third party to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code, models, weights, or underlying technology of the Platform.
• Use the Platform or any output to train, fine-tune, or develop any competing artificial intelligence system, machine learning model, or compliance product.
• Scrape, harvest, or systematically extract data from the Platform other than through documented APIs and within rate limits provided.
• Upload or transmit any content that is unlawful, fraudulent, defamatory, obscene, infringing, or that contains malware, viruses, or other harmful code.
• Impersonate any person or entity, misrepresent your affiliation, or use the Platform to perpetrate fraud or to evade insurance requirements imposed by contract or law.
• Use the Platform to harass, threaten, or discriminate against any other user.
• Bypass, disable, or interfere with security, authentication, or access-control features of the Platform.
• Resell, sublicense, lease, or otherwise commercially exploit the Platform without Forsured’s prior written consent.

6.3 Suspension and Termination for Violation

Forsured reserves the right to suspend or terminate your account, with or without notice, for any violation of this Section 6 or for any conduct that Forsured determines, in its reasonable discretion, may expose Forsured or other users to legal liability or harm.

7. Communications

7.1 Messaging Features

The Platform includes messaging, comment, notification, and chat features intended to facilitate professional communication between users. By using these features, you agree to:

• Communicate professionally and lawfully.
• Refrain from sending content that is harassing, defamatory, discriminatory, sexually explicit, threatening, or otherwise objectionable.
• Refrain from transmitting confidential information of third parties without authorization.

7.2 No Active Monitoring

Forsured does not actively monitor user-to-user communications in real time. However, Forsured reserves the right to review communications when reported or when deemed necessary, when required by law, or when investigating potential Terms violations, and to take action including content removal, account suspension, or account termination.

7.3 Limitation of Responsibility

Forsured is not the author, publisher, or curator of communications between users. Forsured is not liable for the content, accuracy, legality, or consequences of any communication exchanged on the Platform.

7.4 Transactional Communications

By creating an account, you consent to receive transactional communications from Forsured related to your account, security, billing, and Platform operations. You may not opt out of these communications while maintaining an active account. Marketing communications are subject to separate consent and may be unsubscribed from at any time.

7.5 Interactive Computer Service

The Platform is an “interactive computer service” as defined in Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Forsured is not the publisher or speaker of any communication, document, comment, or other content provided by users. To the maximum extent permitted by law, Forsured is entitled to all immunities and protections afforded to providers and users of interactive computer services under federal and state law.

8. Access, Fees, and Payment

8.1 Access Models

Forsured may make the Platform available under one or more access models, including (a) complimentary access offered at Forsured’s discretion, (b) pilot, evaluation, or early-access programs, (c) invited-user access (such as brokers or subcontractors invited by another user), and (d) paid subscriptions, custom enterprise agreements, or per-seat, per-project, or usage-based plans. The fees (if any), features, term, and any other commercial terms applicable to your access are set forth in the order form, online checkout, pilot agreement, invitation, invoice, or written communication from Forsured under which access is provided (each, a “Commercial Schedule”). If no Commercial Schedule has been issued to you, your access is complimentary and governed by Section 8.2.

8.2 Complimentary and Early-Access Use

During the early-access period and at other times in Forsured’s sole discretion, Forsured may provide access to all or part of the Platform at no charge or at a discounted rate. You acknowledge that:

• Complimentary access does not create an entitlement to ongoing free use, a particular feature set, or any specific service level and can change at any time.
• Forsured may, at any time and on at least fifteen (15) days’ prior notice, introduce fees, change pricing, modify features available without charge, or transition complimentary or early-access users to a paid plan. Notice may be provided by email to the address associated with your account or by prominent in-Platform notice.
• If you do not accept the introduction of fees or a change in pricing, your sole remedy is to discontinue use.
• Pilot, evaluation, beta, and early-access features may be incomplete, change without notice, or be discontinued, and are provided strictly on an “as is” basis without warranty of any kind. Feedback and quickly raising these issues will help refine the platform.

8.3 Manually Applied and Negotiated Pricing

Forsured determines pricing, discounts, credits, and commercial terms in its sole discretion. Forsured may offer different pricing, payment terms, billing cycles, discounts, credits, or commercial terms to different users based on factors including organization size, role, project scope, pilot participation, early-adopter status, market conditions, or negotiated agreement. The pricing offered to you is not necessarily available to other users, and the existence of free, discounted, or promotional access for any user does not entitle you to similar treatment. Pricing communicated to you in a Commercial Schedule controls over any pricing displayed on the Platform or in Forsured’s general marketing materials. Forsured may, in its sole discretion, designate any user or category of users for free access, discounted pricing, or full pricing, and may modify such designations at any time on the notice required by Section 8.2.

8.4 Invoicing, Payment Methods, and Renewal

Where fees apply, they will be invoiced or charged in accordance with the Commercial Schedule. Forsured uses third-party payment processors (including, without limitation, Stripe, Inc.) to process card and ACH payments. By providing payment information, you authorize Forsured and its payment processors to charge the applicable amounts and you agree to be bound by the payment processor’s terms of service and privacy policy. Forsured does not store full payment card numbers on its servers; payment card data is tokenized and held by the payment processor. Unless your Commercial Schedule expressly provides otherwise, paid access does not automatically renew, and any renewal will be by mutual agreement (whether by issuance of a new Commercial Schedule, written confirmation, or continued use following a renewal notice). For Commercial Schedules that do provide for automatic renewal, that mechanism and its associated cancellation procedure will be set forth expressly in the Commercial Schedule and will control. Payment is due in U.S. dollars within fifteen (15) days of invoice date unless the Commercial Schedule specifies otherwise. You are responsible for chargebacks, reversals, or insufficient funds; Forsured may charge a reasonable administrative fee to recover costs associated with such events.

8.5 Taxes

Fees are exclusive of all applicable taxes. You are responsible for any sales, use, value-added, or similar taxes imposed on your use of the Platform, other than taxes based on Forsured’s net income.

8.6 Late Payment and Suspension

Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Forsured may suspend access for accounts more than thirty (30) days past due, after providing reasonable notice and an opportunity to cure.

8.7 Refunds

Except as expressly stated in your Commercial Schedule or as required by applicable law, fees are non-refundable. Forsured may, in its discretion, issue refunds, credits, or service extensions in connection with pilots, service issues, or goodwill, but is not obligated to do so.

8.8 Order of Precedence

In the event of a conflict between the commercial terms in a Commercial Schedule and this Section 8, the Commercial Schedule controls solely with respect to the commercial subject matter (such as fees, billing cycle, payment terms, renewal, and credits). All other provisions of these Terms remain in full effect.

9. Intellectual Property

9.1 Forsured Property

The Platform, including all software, models, designs, trademarks, content, documentation, and underlying technology, is the exclusive property of Forsured or its licensors and is protected by U.S. and international intellectual property laws. Subject to your compliance with these Terms, Forsured grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended business purpose.

9.2 Your Content

As between you and Forsured, you retain such ownership rights as you have in the documents, data, and other materials you upload to the Platform (“User Content”), subject to the licenses, releases, and obligations set forth in these Terms and the Privacy Policy. Forsured does not represent or warrant that you own or have rights to any User Content; you are solely responsible for ensuring that you have all necessary rights, licenses, and authorizations to upload User Content and to grant the rights set forth in this Section. You grant Forsured a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable license to host, store, copy, process, transmit, display, modify, create derivative works of, and otherwise use User Content for the purposes of (i) operating, providing, securing, maintaining, troubleshooting, and improving the Platform; (ii) enabling authorized sharing with parties you invite or who invite you, and as otherwise authorized by these Terms; (iii) creating De-Identified Data as described in the Privacy Policy; (iv) training, fine-tuning, evaluating, and improving Forsured’s AI Systems, subject to any applicable opt-out under the Privacy Policy; (v) complying with law, legal process, or lawful requests; and (vi) enforcing these Terms and protecting the rights, property, or safety of Forsured, its users, or others. The license in this Section survives termination to the extent necessary for Forsured’s lawful operation, audit, dispute, archival, and De-Identified Data purposes.

9.3 De-Identified Data

Forsured may create de-identified, aggregated, or statistical data derived from User Content (“De-Identified Data”) in accordance with the Privacy Policy. Use of De-Identified Data is governed by the Privacy Policy, including any applicable opt-out rights.

9.4 Feedback

If you provide Forsured with suggestions, ideas, or feedback regarding the Platform, you grant Forsured a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

10. Privacy and Data Protection

Forsured’s collection, use, and disclosure of personal information is governed by our Privacy Policy, available at forsured.com/privacy and incorporated by reference. By using the Platform, you acknowledge that you have reviewed the Privacy Policy and consent to the practices described therein.

11. Third-Party Services and Integrations

The Platform may integrate with or link to third-party services (including Procore, Sage, Textura, QuickBooks, AM Best, AWS Textract, and others). Your use of any third-party service is governed by that service’s own terms and privacy policies. Forsured is not responsible for the availability, accuracy, security, or content of any third-party service. Forsured’s integration with a third-party service does not constitute endorsement of that service.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL OUTPUTS, DATA, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FORSURED EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED OUTPUTS, COMPLIANCE SCORES, OR ANY DATA DISPLAYED ON THE PLATFORM;

• WARRANTIES THAT THE PLATFORM WILL MEET ANY SPECIFIC LEGAL, REGULATORY, OR CONTRACTUAL COMPLIANCE REQUIREMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

13.1 Cap on Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORSURED’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO FORSURED IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13.2 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORSURED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY OF THE FOLLOWING (WHETHER CHARACTERIZED AS DIRECT OR INDIRECT): LOST PROFITS; LOST REVENUE; LOST BUSINESS, CONTRACT, OR PROJECT OPPORTUNITIES; LOSS, CORRUPTION, OR INACCURACY OF DATA; BID DISQUALIFICATION OR LOSS OF AWARD; PROJECT DELAY, COST OVERRUN, OR LIQUIDATED DAMAGES OWED TO A COUNTERPARTY; CONTRACT TERMINATION OR DEFAULT ASSESSED BY A GENERAL CONTRACTOR, PROJECT OWNER, OR LENDER; INSURANCE CLAIM DENIAL, REDUCTION, OR DELAY BY ANY CARRIER OR SURETY; LOSS OF BONDING CAPACITY, INSURANCE COVERAGE, OR PREQUALIFIED VENDOR STATUS; INDEMNIFICATION OBLIGATIONS OWED TO ANY THIRD PARTY; REGULATORY FINES, SANCTIONS, OR ENFORCEMENT ACTIONS; LICENSING ACTIONS BY ANY DEPARTMENT OF INSURANCE OR CONTRACTOR LICENSING BOARD; CLAIMS BY EMPLOYEES, SUBCONTRACTORS, GENERAL CONTRACTORS, BROKERS, CARRIERS, PROJECT OWNERS, OR LENDERS; OR REPUTATIONAL OR GOODWILL HARM. THIS EXCLUSION APPLIES REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE) AND APPLIES EVEN IF FORSURED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE.

13.3 Allocation of Risk

You acknowledge that the limitations in this Section 13 are an essential element of the bargain between you and Forsured, that Forsured’s pricing reflects this allocation of risk, and that these limitations would apply even if any limited remedy fails of its essential purpose.

13.4 Jurisdictional Limits

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FORSURED’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13.5 Special Limitation for Free and Pilot Use

FOR USERS ACCESSING THE PLATFORM ON A COMPLIMENTARY, FREE, PILOT, EVALUATION, BETA, OR EARLY-ACCESS BASIS (INCLUDING ANY USER WHO HAS NOT PAID FEES TO FORSURED IN THE TWELVE MONTHS PRECEDING A CLAIM), FORSURED’S TOTAL AGGREGATE LIABILITY IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100), AND THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY, INDEMNITY, OR SUPPORT OBLIGATION OF ANY KIND. THIS SECTION 13.5 SUPERSEDES ANY CONTRARY PROVISION FOR THE DURATION OF FREE OR PILOT ACCESS.

13.6 Time Limitation for Bringing Claims

ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE BROUGHT WITHIN SIX (6) MONTHS AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED. THE PARTIES EXPRESSLY WAIVE ANY LONGER STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13.7 Aggregate Cap; Multiple Claims

The cap on damages set forth in Section 13.1 (or, where applicable, Section 13.5) is a single aggregate cap that applies across all claims by you and any related entities, employees, agents, contractors, or affiliates, regardless of the number of claims, the number of theories of liability, or the number of incidents giving rise to claims. Multiple claims do not enlarge the cap.

14. Indemnification

14.1 By You

You agree to indemnify, defend, and hold harmless Forsured and its officers, directors, employees, agents, contractors, and affiliates (each an “Indemnified Party”) from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and costs of investigation), arising out of or relating to: (a) your use of the Platform or any output generated by it; (b) your User Content, including any document or representation you uploaded that proves to be inaccurate, expired, forged, incomplete, or misleading; (c) your violation of these Terms or any applicable law, regulation, or contractual obligation; (d) your violation of any rights of any third party, including intellectual property, privacy, publicity, or contract rights; (e) your reliance on, or sign-off of, any Platform output, regardless of whether the output was accurate; (f) any claim brought by a project owner, general contractor, subcontractor, broker, insurance carrier, surety, lender, regulator, employee, or other third party arising from or relating to your use of the Platform or any output generated by it, including any claim alleging that an insurance certificate, endorsement, bond, or compliance status was inadequate, misleading, or improperly accepted or rejected; (g) any dispute between you and another Platform user; (h) any allegation that Forsured engaged in the unauthorized practice of insurance, the practice of law, or any other regulated activity as a result of your use of the Platform; (i) any tax obligation arising from your use of the Platform other than taxes on Forsured’s net income; and (j) your gross negligence, willful misconduct, or fraud.

14.2 Procedure

The indemnified party shall (a) promptly notify the indemnifying party in writing, (b) give the indemnifying party sole control of the defense and settlement, and (c) provide reasonable cooperation. The indemnified party may participate in the defense at its own expense.

15. Term, Termination, and Data Export

15.1 Term

These Terms remain in effect for as long as you have an account or use the Platform or reactivate as a user of the platform.

15.2 Termination by You

You may terminate your account at any time through your account settings or by contacting support@forsured.com. Termination does not entitle you to any refund of prepaid fees except as required by law or stated in your Commercial Schedule. Additionally, Forsured is not expected to provide any offboarding or delivery of data or documentation from the platform, access to that documentation will be through usage of the platform solely.

15.3 Termination by Forsured

Forsured may suspend or terminate your account, with or without notice, for any material breach of these Terms, non-payment, or conduct that Forsured reasonably believes exposes Forsured or others to legal liability or harm. Forsured may also terminate accounts with at least 15 days’ notice for any reason, including discontinuation of the Platform or any tier of service.

15.4 Data Export

Upon termination, Forsured will make your User Content available for export for a period of 30 days, in a commercially reasonable machine-readable format determined by Forsured.

15.5 Data Deletion

Following the export period, Forsured will delete or de-identify User Content in accordance with its data retention schedule and the Privacy Policy, except where retention is required by law, necessary to enforce these Terms, or where data has been incorporated into De-Identified Data sets in a manner that does not permit deletion of individual records.

15.6 Survival

Sections 2.3, 3.3, 3.7, 3.8, 4, 5.5, 5.6, 6.2, 7.5, 9, 12, 13 (including subsections 13.5, 13.6, and 13.7), 14, 15, 16, 17, 18, and any other provision that by its nature should survive, will survive termination of these Terms.

16. Service Availability

Forsured will provide a level of service availability that Forsured, in its sole discretion, determines to be reasonable for the Platform. Forsured does not commit to, and makes no representation or warranty regarding, any specific uptime, response time, support response, error correction time, or service level. The Platform may be unavailable, degraded, slow, or interrupted from time to time, including without limitation due to scheduled or emergency maintenance, software updates, capacity constraints, third-party service outages (including those of cloud, AI, OCR, payment, and integration providers), force majeure events, network issues, or other circumstances. Forsured may modify, suspend, or discontinue the Platform or any feature, in whole or in part, at any time, with or without notice, and shall have no liability to you or any third party arising from any such modification, suspension, or discontinuance. Any service level commitments, if applicable to a particular customer, will be set forth solely in a separately executed written agreement signed by an authorized officer of Forsured, and no statement, communication, or course of dealing outside of such agreement will create a service level obligation.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before initiating any formal proceeding, you agree to first contact Forsured at legal@forsured.com and attempt in good faith to resolve the dispute informally for a period of at least 60 days.

17.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Platform that is not resolved through informal negotiation shall be resolved through binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware, or by videoconference at the election of the party initiating the arbitration. The arbitrator’s decision shall be final and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND FORSURED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

17.4 Exceptions

Notwithstanding the foregoing, either party may (a) bring an individual action in small claims court, (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or to enforce confidentiality obligations, or (c) participate in any state or federal proceeding required to be available by law.

17.5 Opt-Out of Arbitration

You may opt out of the arbitration agreement in Section 17.2 and the class action waiver in Section 17.3 by sending written notice to legal@forsured.com within 30 days of first accepting these Terms. The notice must include your name, address, account email, and a clear statement that you wish to opt out of arbitration.

17.6 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. General Provisions

18.1 Changes to Terms

Forsured may modify these Terms from time to time. Forsured will provide notice of material changes by email to the address associated with your account or by prominent notice within the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to terminate your account.

18.2 Notices

Notices to Forsured must be sent to: Forsured, Inc., Attn: Legal, 304 Lake George Street, Lake, MI 48632, with a copy by email to legal@forsured.com. Notices to you may be sent by email to the address associated with your account or by posting within the Platform.

18.3 Assignment

You may not assign or transfer these Terms or any rights hereunder, in whole or in part, without Forsured’s prior written consent. Forsured may assign these Terms in connection with a merger, acquisition, sale of assets, or operation of law. Any attempted assignment in violation of this section is void.

18.4 Force Majeure

Neither party is liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, pandemic, internet or telecommunications outages, cyberattacks, or third-party service failures.

18.5 Severability

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

18.6 No Waiver

Failure to enforce any provision of these Terms is not a waiver of that provision or any other.

18.7 Entire Agreement

These Terms, together with the Privacy Policy, any applicable supplemental agreement, and any Commercial Schedule, constitute the entire agreement between you and Forsured regarding the Platform and supersede all prior agreements, understandings, and communications.

18.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

18.9 Export Compliance

You may not use, export, or re-export the Platform in violation of U.S. export laws or regulations.

18.10 Government Use

The Platform is “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. 12.212. Government users acquire only the rights set forth in these Terms.

18.11 DMCA / Copyright Infringement

Forsured respects intellectual property rights. To report alleged copyright infringement under the Digital Millennium Copyright Act, contact our designated agent at dmca@forsured.com with the information required by 17 U.S.C. § 512(c)(3). Forsured may terminate accounts of repeat infringers in appropriate circumstances.

18.12 No Minors

The Platform is not directed at, and Forsured does not knowingly collect information from, individuals under the age of 18. If you believe a minor has provided information to Forsured, contact privacy@forsured.com.

18.13 No Agency or Joint Relationship

Nothing in these Terms creates, and the parties expressly disclaim, any agency, partnership, joint venture, employment, fiduciary, franchise, or similar relationship between Forsured and you, or between Forsured and any other Platform user. You are an independent contractor/user with respect to Forsured. Neither party has authority to bind the other, to make representations on the other’s behalf, or to incur obligations in the other’s name. Forsured is not the agent, broker, fiduciary, or representative of any user, and no user is the agent, broker, fiduciary, or representative of Forsured.

19. Contact Information

Forsured, Inc.
Attn: Legal Department
304 Lake George Street, Lake, MI 48632
Email: legal@forsured.com
Privacy Inquiries: privacy@forsured.com
Billing: billing@forsured.com
General Support: support@forsured.com

— End of Terms and Conditions —

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A LIMITATION OF LIABILITY, AND IMPORTANT DISCLAIMERS REGARDING ARTIFICIAL INTELLIGENCE, INSURANCE, AND LEGAL ADVICE. YOUR USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.