Terms and conditions

These Terms and Conditions (“Terms”) govern access to and use of products, software, platforms, applications, services, websites, documentation, support services, and related materials provided by Forestallers Technologies (“Forestallers,” “we,” “us,” or “our”).

By accessing, purchasing, downloading, installing, configuring, or using any Forestallers product or service, you agree to be bound by these Terms. If you are using the product or service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1. Products and Services

Forestallers provides enterprise software solutions, digital platforms, transformation tools, automation services, validation frameworks, consulting support, and related technology services.

Specific product features, scope, deployment model, support terms, commercial terms, and usage rights may vary based on the applicable order form, purchase order, statement of work, SAP Store transaction, marketplace listing, proposal, or other written agreement accepted by Forestallers.

2. License and Permitted Use

Subject to payment of applicable fees and compliance with these Terms, Forestallers grants the customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the applicable Forestallers product or service solely for the customer’s internal business purposes.

The product or service may only be used within the licensed environment, business scope, user scope, system scope, and usage terms specified in the applicable agreement.

The customer may allow authorized employees, contractors, consultants, or representatives to use the product or service, provided that the customer remains responsible for all activity performed by such users.

3. Commercial Terms, Renewal, and Support

Fees, payment terms, license duration, renewal terms, support scope, maintenance obligations, and any applicable discounts will be stated in the applicable order form, statement of work, marketplace transaction, or written agreement.

Unless otherwise agreed in writing, fees are non-refundable and exclusive of taxes, duties, bank charges, and similar governmental assessments.

If the customer fails to pay undisputed amounts when due, Forestallers may suspend access, support, maintenance, updates, license renewal, product enablement, or related services until payment is received.

Where annual maintenance, support, or renewal fees apply, continued access, support, updates, maintenance, and product enablement may depend on timely payment of such fees.

4. Customer Responsibilities

The customer is responsible for maintaining all required systems, infrastructure, licenses, subscriptions, authorizations, user access, security controls, backups, approvals, and third-party services needed to use the applicable Forestallers product or service.

The customer is responsible for ensuring that all data, configuration, mapping files, credentials, access details, business rules, and system information provided to Forestallers or used within Forestallers products are accurate, authorized, lawful, and appropriate for the intended use.

The customer is responsible for reviewing all outputs, reports, results, recommendations, logs, warnings, simulations, validations, and execution results before making business decisions or approving production use.

The customer must perform appropriate testing, validation, sign-off, backup, and change management before using any Forestallers product in a production environment.

5. Production Use and Business Risk

Customer environments are highly specific and may include custom code, custom configurations, integrations, data quality issues, authorization restrictions, infrastructure limitations, third-party dependencies, and business process variations outside Forestallers’ control.

The customer acknowledges that production use of any software or service may impact data, systems, reports, integrations, users, business processes, and downstream systems.

Forestallers is not responsible for business interruption, data inconsistency, operational delays, failed execution, downstream impact, lost revenue, or production issues caused by customer data, customer configuration, missing authorizations, custom code, system performance, third-party systems, infrastructure, or customer-approved execution.

Any product issue covered under an active support term will be handled under the applicable support terms. Issues caused by customer data, customer systems, customizations, third-party dependencies, or out-of-scope requirements may require a separate statement of work and may be billed separately.

6. Restrictions

The customer may not copy, modify, reverse engineer, decompile, disassemble, resell, sublicense, distribute, rent, lease, or otherwise make any Forestallers product or service available to third parties without Forestallers’ prior written consent.

The customer may not use the product or service outside the licensed scope or for any unlawful, unauthorized, fraudulent, harmful, or abusive purpose.

The customer may not remove or alter Forestallers branding, copyright notices, trademarks, product identifiers, license controls, security controls, or proprietary notices.

The customer may not attempt to bypass licensing controls, security controls, renewal controls, access restrictions, or usage limitations.

7. Intellectual Property

Forestallers and its licensors retain all rights, title, and interest in and to all Forestallers products and services, including software, source code, object code, architecture, user interface, workflows, product designs, documentation, templates, reports, methodologies, algorithms, validation logic, execution logic, trademarks, service marks, and all related intellectual property.

No rights are granted to the customer except as expressly stated in these Terms or the applicable written agreement.

The customer retains ownership of customer data. The customer grants Forestallers a limited right to use customer data only as necessary to provide, support, maintain, troubleshoot, secure, and improve the applicable product or service.

8. Confidentiality

Each party may receive confidential or proprietary information from the other party. Confidential information includes non-public business, technical, financial, commercial, product, customer, pricing, security, project, system, and operational information.

Each party agrees to use the other party’s confidential information only for purposes related to these Terms and to protect such information using reasonable care.

Confidential information may be disclosed only to employees, contractors, advisors, auditors, service providers, or legal counsel who need to know the information and are bound by confidentiality obligations.

9. Data Protection and Security

Each party will comply with applicable data protection and privacy laws to the extent applicable to its role.

The customer is responsible for determining whether customer data includes personal data, sensitive data, regulated data, confidential data, or other protected information. The customer should not provide unnecessary personal data or sensitive information unless required for the agreed services and legally permitted.

Forestallers will use commercially reasonable administrative, technical, and organizational safeguards designed to protect customer information that is in Forestallers’ possession or control.

10. Third-Party Products and Services

Forestallers products and services may connect to, integrate with, or depend on third-party software, cloud services, enterprise systems, databases, hosting providers, marketplaces, identity providers, APIs, or other external platforms.

The customer is responsible for obtaining and maintaining all required third-party licenses, subscriptions, access rights, authorizations, and services.

Forestallers is not responsible for third-party products or services, downtime, defects, security incidents, API changes, license restrictions, or changes in third-party functionality.

11. Disclaimer of Warranties

Forestallers products and services are provided on an “as is” and “as available” basis, except as expressly agreed in a written agreement.

To the maximum extent permitted by law, Forestallers disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free performance, and suitability for a customer-specific business outcome.

Forestallers does not warrant that its products or services will identify every issue, prevent every error, eliminate all business risk, or guarantee a specific commercial, technical, operational, compliance, or financial result.

12. Limitation of Liability

To the maximum extent permitted by law, Forestallers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or similar damages, including loss of profits, loss of revenue, business interruption, loss of data, system downtime, loss of goodwill, or loss of business opportunity.

Forestallers’ total aggregate liability arising out of or related to any product, service, agreement, support, maintenance, implementation, or related activity will not exceed the fees paid by the customer to Forestallers for the applicable product or service during the twelve months immediately preceding the event giving rise to the claim.

13. Indemnification

The customer agrees to defend, indemnify, and hold Forestallers harmless from any claims, losses, damages, liabilities, costs, or expenses arising out of or related to unauthorized use of the product or service, misuse of product outputs, customer-approved production execution, customer data, customer systems, third-party systems, violation of applicable law, or breach of these Terms.

14. Termination

Forestallers may suspend or terminate access to any product or service if the customer fails to pay applicable fees, violates license restrictions, uses the product outside the licensed scope, compromises security, or materially breaches these Terms.

Upon termination or expiration, the customer must stop using the applicable product or service and return, delete, or destroy Forestallers’ confidential information and software materials, unless retention is required by law.

Sections relating to fees, restrictions, intellectual property, confidentiality, data protection, warranty disclaimers, limitation of liability, indemnification, and general provisions will survive termination or expiration.

15. Changes to Terms

Forestallers may update these Terms from time to time. Updated Terms will apply prospectively unless otherwise required by law or agreed in writing.

For existing paid customers, material changes affecting license rights, fees, liability, or support obligations will apply at renewal unless agreed earlier.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

The parties agree that any dispute, claim, or proceeding arising out of or related to these Terms shall be brought exclusively before the courts of competent jurisdiction in British Columbia, Canada, unless otherwise specified in the applicable agreement.

17. Contact

For legal, commercial, or support-related questions, please contact:

Forestallers Technologies, info@forestallers.com