Terms of Service

Forward Terms of Service

These   terms   of   service   (“Terms”)   cover   your   use   and   access   to   Forward’s   services,   client   software   and

websites ("Services"). In addition to these Terms, our privacy policy (“Privacy Policy”) explains how we collect

and use your information and forms an integral part of these Terms.

Your Things & Your Permissions

When you use our Services, you provide us with a variety of “things” like your files, content, messages, contacts,

and others (“Your Things”). Your Things are yours. These Terms do not give us any right to Your Things,

except for the limited rights that enable us to offer the Services.

We need your permission to do things and take actions that enable us to deliver you our Services, including,

without limitation, hosting Your Things, backing it up, and sharing it when you ask us to. To provide these and

other features, Forward accesses, stores, and scans Your Things. You give us permission to do those things,

and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

Your use  of our Services must  comply with these  Terms, including acceptable  use  policies set  out  herein.

Content in the Services may be protected by others’ intellectual property rights. Please do not copy, upload,

download, or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms. We are not responsible for the

content people post and share via the Services.

Help   us   keep   Your   Things   protected.   Safeguard   your   password   to   the   Services   and   keep   your   account

information current. Do not share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law. Finally, to use our Services, you must be at least

16. If the law where you reside requires that you must be older in order for Forward to lawfully provide the

Services to you without parental consent (including use of your personal data), then you must be that older age.

Software

Some of our Services may allow you to download client software (“Software”) which may update automatically.

So long as you comply with these  Terms, we  give  you a  limited, nonexclusive, nontransferable, revocable

license to use the Software, solely to access the Services.

Our Things

The Services are protected by copyright, trademark, and other UK and foreign laws. These Terms do not grant

you any right, title, or interest in the Services, others’ content in the Services, Forward trademarks, logos and

other brand features.

Acceptable Use Policy

You are expected to use the Services in compliance with laws, not misuse these or help anyone else to do so.

Accordingly, you are expected not to take any action that may be deemed unlawful or harmful to Forward or

others, including, without limitation, probe, scan or test the vulnerability of any system or out network, breach or

otherwise circumvent any security or authentication measures, access, tamper with or use non-public areas or

parts of the Services or shares areas of the Services you have not been invited to, interfere with or disrupt any

user, host or network, including by sending a virus, overloading, flooding, spamming or mail-bombing any part

of the Services, send unsolicited communications, promote or advertise products or services other than your own

without appropriate authorization, publish, share or store materials that constitute sexually exploitative material,

pornography, otherwise indecent material, publish, share or store content that contains or promotes extreme acts

of violence or terrorist activity, including related propaganda, advocate bigotry or hatred against any person or

group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or

impairment, harass or abuse Forward personnel or representatives or agents performing services on behalf of

Forward, violate the applicable laws in any way, including, storing, publishing or sharing material that is

fraudulent, defamatory or misleading or that violates intellectual property rights of others, violate the privacy or

infringe rights of others, use the Services to back up or as infrastructure for your own cloud services. We reserve

the   right   to   take   appropriate   action   in   response   to   violations   of   this   policy,   including,   without   limitation,

suspension or termination of Services without any refund and initiation or criminal and civil actions against

violators.

Billing

You will be billed respective amounts depending on the Services and account type you choose. You will be

responsible for all applicable taxes, and we will charge taxes when required to do so.

Cancellation

You may cancel your Forward subscription any time, at your sole discretion; provided, however, any return of

fees will be subject to Forward’s sole discretion and if the subscription is based on a yearly commitment with

monthly payments (or any other term with instalment or periodical payments), all payments until the end of the

commitment become due as of the cancellation.

Changes

We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our

product offerings, changes to our business, or changes in economic conditions. We will give you no less than 30

days’ advance notice of these changes via a message to the email address associated with your account and you

will have the opportunity to cancel your subscription before the new fee comes into effect.

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to

the Services with notice to you if (i) you are in breach of these Terms, including failure to pay billed amounts in

due time, or (ii) your use of the Services would cause a real risk of harm or loss to us or other users. In any such

case, any return of fees will be subject to Forward’s sole discretion.

We will provide you with reasonable advance notice via the email address associated with your account to

remedy the activity that prompted us to contact you and give you the opportunity to export Your Things from our

Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to

the Services.

We will not provide notice or an opportunity to export Your Things before termination or suspension of access

to the Services where (i) you are in material breach of these Terms, (ii) doing so would cause us legal liability or

compromise our ability to provide the Services to our other users, or (iii) we are prohibited from doing so by

law.

Discontinuation of Services

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond

our control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so,

we will give you reasonable prior notice so that you can export Your Things from our systems (we will give you

no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way

before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have

pre-paid but haven't received Services for.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST

EXTENT   PERMITTED   BY   LAW,   Forward   AND   ITS   AFFILIATES,   SUPPLIERS   AND

DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES.

THE   SERVICES   ARE   PROVIDED   "AS   IS."   WE   ALSO   DISCLAIM   ANY   WARRANTIES   OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO

SO—THIS   INCLUDES   ANY   LIABILITY   FOR   Forward’S   OR   ITS   AFFILIATES’   FRAUD   OR

FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE

FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY

FOR   LOSSES   AND   DAMAGES   THAT   ARE   A   REASONABLY   FORESEEABLE   RESULT   OF   OUR

FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH

YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR

LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE

TERMS DO NOT EXCLUDE Forward’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A

RESULT   OF   OUR   FAILURE   TO   USE   REASONABLE   CARE   AND   SKILL   IN   PROVIDING   THE

SERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE LOSSES

AND DAMAGES ARE REASONABLY FORESEEABLE.

IN   COUNTRIES   WHERE   EXCLUSIONS   OR   LIMITATIONS   OF   LIABILITY   ARE   ALLOWED,

Forward, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL NOT BE LIABLE FOR (1) ANY

INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR

(2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE   EXCLUSIONS   OR   LIMITATIONS   WILL   APPLY   REGARDLESS   OF   WHETHER   OR   NOT

Forward OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH

DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL PURPOSE, Forward, ITS AFFILIATES,

SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT,

LOSS   OF   BUSINESS,   BUSINESS   INTERRUPTION,   OR   LOSS   OF   BUSINESS   OPPORTUNITY.

Forward   AND   ITS   AFFILIATES   ARE   NOT   RESPONSIBLE   FOR   THE   CONDUCT,   WHETHER

ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER   THAN   FOR   THE   TYPES   OF   LIABILITY   WE   CANNOT   LIMIT   BY   LAW,   WE   LIMIT   OUR

LIABILITY   TO   YOU   TO   100%   OF   ANY   AMOUNT   YOU   HAVE   PAID   UNDER   YOUR   CURRENT

SERVICE PLAN WITH Forward.

Resolving Disputes

We want to address your concerns without needing a formal legal case. Before filing a claim against Forward,

you   agree   to   try   to   resolve   the   dispute   informally   by   sending   us   a   written   Notice   of   Dispute   at

info@Forward.io that includes your name, a detailed description of the dispute, and the relief you seek. We

will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days

after submission, you or Forward may bring a formal proceeding.

Settlement of Disputes

You and Forward agree that any judicial proceeding to resolve claims relating to these Terms or the Services

will be brought in the High Court of Justice in London, UK, and will be settled by application of the laws of

England and Wales, disregarding their rules regarding conflict of laws.

Entire Agreement

These Terms constitute the entire agreement between you and Forward with respect to the subject matter of

these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions

applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our

rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do

not give rights to any third parties.

Waiver, Severability & Assignment

Forward’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found

unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be

substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms,

and any such attempt will be void. Forward may assign its rights to any of its affiliates or subsidiaries, or to

any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect (i) changes to the law, (ii) new regulatory

requirements, or (iii) improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you

prior to the update's effective date by sending an email to the email address associated with your account or via

an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you do not agree to the updates we make, please cancel your account and stop using the Services before the

updated Terms become effective. Where applicable, we will offer you a prorated refund based on the amounts

you have prepaid for Services and your account cancellation date. By continuing to use or access the Services

after the updates come into effect, you agree to be bound by the revised Terms.

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