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
[email protected] 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.