Last updated: March 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or a legal entity, "Customer" or "you") and ForgePuls Inc. ("ForgePuls," "we," "our," or "us"), a Delaware corporation headquartered at 1100 Superior Ave, Cleveland, OH 44114.
By accessing or using the ForgePuls website at forgepulsx.com or the ForgePuls inspection and process analytics platform (collectively, the "Services"), you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Services.
ForgePuls reserves the right to modify these Terms at any time. We will provide notice of material changes through the platform, by email to your registered address, or by posting an updated version on our website with a revised effective date. Your continued use of the Services after the effective date of changes constitutes acceptance of the modified Terms.
ForgePuls provides AI-powered defect detection and process optimization software and hardware for metal casting and forging manufacturing operations. The Services include:
The specific Services, pricing, and terms applicable to your account are set forth in the Order Form or other written agreement between ForgePuls and Customer (the "Order Form"), which is incorporated into these Terms. In the event of a conflict between these Terms and an Order Form, the Order Form shall control.
To use the ForgePuls Dashboard and certain other Services, you must register for an account. You agree to:
ForgePuls may, at its discretion, require you to use multi-factor authentication for account access. ForgePuls is not liable for any loss or damage resulting from your failure to comply with these account security obligations.
You may designate authorized users within your organization to access the Services under your account. You are responsible for ensuring that all authorized users comply with these Terms. Each user must have their own login credentials; sharing of credentials between users is prohibited.
ForgePuls offers platform access on a subscription basis. Available plans, pricing, and included features are described at forgepulsx.com/price.html and may be further specified in an Order Form. All prices are stated in United States Dollars (USD) unless otherwise agreed in writing.
Subscription fees are billed in advance on a monthly or annual basis as specified in your Order Form. By providing payment information, you authorize ForgePuls (or its payment processor, Stripe, Inc.) to charge the applicable fees to your payment method on the billing cycle specified.
Invoices are due and payable within 30 days of the invoice date for enterprise customers billed by invoice. Subscription fees for credit card billing are charged automatically on the billing date. Late payments accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
All fees are exclusive of applicable taxes. Customer is responsible for all sales, use, value-added, and similar taxes (excluding taxes on ForgePuls's net income) arising from the provision of Services. Where ForgePuls is required by law to collect taxes, ForgePuls will invoice Customer for such taxes, and Customer shall pay them.
ForgePuls may change its subscription pricing with at least 60 days prior written notice. Price changes take effect at the start of your next subscription term following the notice period. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.
Subscription fees are generally non-refundable. If ForgePuls terminates your access to the Services without cause, we will refund prepaid fees on a pro-rata basis for the unused portion of the term. No refunds are issued for partial months of service or for early termination by Customer.
ForgePuls owns all right, title, and interest in and to the Services, including all software, machine learning models, algorithms, documentation, user interfaces, and the content of the ForgePuls website. Nothing in these Terms transfers ownership of any ForgePuls intellectual property to you.
Subject to your payment of applicable fees and compliance with these Terms, ForgePuls grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business operations at your manufacturing facility or facilities specified in the Order Form during the subscription term.
You may not: copy, modify, distribute, sell, or sublicense the Services; reverse engineer, decompile, or disassemble any component of the Services; remove or obscure any proprietary notices or labels; use the Services to build a competing product; or access the Services by any means other than through ForgePuls-provided interfaces.
You retain all ownership rights in the data you input into the Services ("Customer Data"), including manufacturing data, inspection images, and process parameters. You grant ForgePuls a limited license to use Customer Data to provide and improve the Services, as described in the Privacy Policy and any applicable Data Processing Agreement.
You represent and warrant that you have all necessary rights to provide Customer Data to ForgePuls and that doing so does not violate any applicable law or third-party rights.
If you provide suggestions, feedback, or ideas about the Services ("Feedback"), you grant ForgePuls a perpetual, irrevocable, royalty-free license to use, incorporate, and commercialize such Feedback without restriction or attribution. You represent that your Feedback does not infringe any third-party rights.
ForgePuls may use de-identified, aggregated data derived from Customer Data to develop and improve its products and services. This aggregated data does not identify you or your facility and is not subject to the confidentiality obligations described in Section 7.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:
"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
Each party agrees to: hold the other's Confidential Information in strict confidence using the same degree of care used to protect its own confidential information (but not less than reasonable care); not disclose Confidential Information to third parties without prior written consent; and use Confidential Information only to exercise rights and perform obligations under these Terms.
Confidentiality obligations do not apply to information that: is or becomes publicly available through no breach of this agreement; was rightfully in the receiving party's possession prior to disclosure; is independently developed without use of Confidential Information; or is required to be disclosed by law, regulation, or court order (provided the receiving party gives reasonable prior notice to enable the disclosing party to seek a protective order).
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FORGEPULS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FORGEPULS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. DEFECT DETECTION RESULTS ARE PROBABILISTIC IN NATURE AND DO NOT GUARANTEE DETECTION OF ALL DEFECTS. CUSTOMER IS RESPONSIBLE FOR ESTABLISHING QUALITY CONTROL PROCEDURES APPROPRIATE TO ITS SPECIFIC MANUFACTURING REQUIREMENTS AND REGULATORY OBLIGATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORGEPULS'S TOTAL LIABILITY TO CUSTOMER FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL FORGEPULS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PRODUCT LIABILITY CLAIMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless ForgePuls and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: your use of the Services; your Customer Data; your violation of these Terms; your violation of any applicable law or third-party rights; or your products manufactured using the Services.
These Terms commence on the date you first accept them and continue for the duration of your subscription unless earlier terminated as provided herein.
You may cancel your subscription at any time through the platform settings or by contacting hi@forgepulsx.com. Cancellation is effective at the end of the then-current billing period. No refunds are issued for the remaining portion of a prepaid term unless termination is due to ForgePuls's material breach.
ForgePuls may terminate your access to the Services immediately if you materially breach these Terms and fail to cure such breach within 15 days of written notice. ForgePuls may also terminate with 30 days notice for any other reason.
Upon termination, your right to access and use the Services ceases immediately. ForgePuls will retain your Customer Data for 90 days following termination, during which time you may export it. After 90 days, ForgePuls will delete Customer Data except as required by law.
These Terms are governed by the laws of the State of Ohio, United States, without regard to its conflict of law provisions. Any legal proceeding arising out of or relating to these Terms shall be brought in the state or federal courts located in Cuyahoga County, Ohio, and each party irrevocably consents to the exclusive jurisdiction of such courts.
Before initiating litigation, the parties agree to attempt good-faith negotiation for at least 30 days. If negotiation fails, either party may seek relief from the courts described above.
For questions about these Terms of Service, please contact:
ForgePuls Inc.