Terms of Use
Draft review copy · Pending legal review — not yet in force
Overview
Welcome to AIForge Works (“AIForge Works,” “us,” “we” or “our”) and these Terms of Use (these “Terms”). AIForge Works provides independent pricing intelligence for cloud AI compute — including the MPA, MapIt, Cloud Advisor, GPU Audit, and Ask Forge tools (collectively, with the website at www.aiforge.works, the “Service”).
These Terms and our accompanying Privacy Policy (as defined below) describe how AIForge Works provides the Service and the terms you agree to follow when you access or use it. These Terms are important and affect your legal rights, so please read them carefully.
By accessing or using the Service, you agree to be bound by these Terms and all terms incorporated herein by reference. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Service.
1. Eligibility and Acceptance
- •By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to bind that person or entity, which agrees to be responsible if you or it violates these Terms.
- •By accessing or using the Service, you represent and warrant that you have not been previously suspended or removed from the Service, and that your use of the Service is lawful in every jurisdiction where you access or use it.
- •We may revise these Terms at any time. Except where your express consent to revised terms is required under applicable data protection law, by continuing to access or use the Service you confirm your acceptance of the revised Terms. We recommend that you periodically review these Terms. If you do not agree to the revised Terms, you may not access or use the Service.
2. Account Registration
To access certain areas or features of the Service, you will need to register for an account. Each registration is for a single user or organization.
- •You agree to (a) provide accurate, current and complete account information; (b) maintain and promptly update that information; (c) maintain the security of your account credentials; and (d) immediately notify us if you discover or suspect any security breach related to the Service or your account.
- •If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any current or future use of the Service.
- •By creating an account, you consent to receive electronic communications from AIForge Works (e.g., by email or by posting notices to the Service), including notices about your account and transactional information. You agree that such electronic communications satisfy any legal requirement that communications be in writing.
3. Access and Use
The Service is licensed to you and not sold. Subject to your compliance with these Terms and any payments required by your Subscription, AIForge Works grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the term of your Subscription, solely for your internal business purposes in accordance with these Terms.
You shall not use the Service for any purpose beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly, and shall not permit anyone to:
- •(i) copy, modify, or create derivative works of the Service, in whole or in part;
- •(ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, or transfer the Service or any data or output obtained from it, except as expressly permitted in these Terms;
- •(iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to any software component of the Service, or to its underlying data structures or methodology;
- •(iv) use any robot, spider, scraper, bot, or other automated means to access, harvest, or systematically extract data from the Service, or circumvent any access controls, rate limits, or subscription restrictions;
- •(v) remove any proprietary notices from the Service, or use the Service in any manner that infringes, misappropriates, or otherwise violates any patent, copyright, trademark, trade secret, or other intellectual property or proprietary right (“Intellectual Property Rights”).
- •AIForge Works reserves all rights not expressly granted to you. Nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, any Intellectual Property Rights or other right, title, or interest in or to any AIForge Works intellectual property.
4. No Credential Requirement
AIForge Works delivers pricing intelligence without ever requiring access to your cloud accounts. AIForge Works does not require, and you must not provide, any cloud provider credentials, IAM roles, API keys, billing access tokens, or similar secrets in connection with your use of the Service. Any such credentials transmitted to us in violation of this section are provided at your own risk, and you remain solely responsible for rotating or revoking them.
5. Subscriptions, Fees and Taxes
- •Access to paid features of the Service requires a subscription (“Subscription”). Subscription plans, pricing, and billing frequency are described at the time of purchase and on our pricing page.
- •Unless otherwise stated, Subscriptions renew automatically at the end of each billing period. You authorize AIForge Works (or our third-party payment processor) to charge the applicable fees, plus any applicable taxes and charges, at intervals consistent with your selected billing frequency, until you cancel in accordance with these Terms.
- •We will collect applicable sales or use tax where we determine we have a duty to do so. The amount of tax shown at checkout may be adjusted for variances in processor programs and changes in tax rates.
- •Except to the extent required by applicable law, fees are non-refundable.
6. Intellectual Property and Trademarks
The Service, including its software, methodology, data normalization, compilations, reports, and content, is owned by AIForge Works or its licensors and is protected by intellectual property and other laws.
“AIForge Works” and “ForgeBuild,” together with the AIForge Works logos and any other AIForge Works product or service names, trademarks, or logos (“Marks”), are the property of AIForge Works. The Marks may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing on the Service shall be construed as granting any license or right to use any Mark without our prior written permission, and your misuse of any Mark is strictly prohibited.
7. Pricing Data, Outputs and Privacy
The Service compiles pricing information from public and third-party sources. Such pricing information, and any analysis or output derived from it (“Outputs”), is provided for informational purposes only, is not an offer or quote, and is not a substitute for pricing confirmed directly with the relevant cloud provider. Pricing changes frequently and may be inaccurate, incomplete, or out of date. You are responsible for independently verifying any figure before relying on it.
Outputs are provided for your internal business use. You may not redistribute, republish, resell, or publicly disclose Outputs without AIForge Works' prior written consent.
Your use of the Service is subject to the AIForge Works Privacy Policy (www.aiforge.works/privacy), which is incorporated into these Terms by reference. AIForge Works is committed to processing personal data in compliance with applicable privacy laws. For details on what data is collected, how it is processed, protected, shared, and retained, please see our Privacy Policy.
Where AIForge Works has a good-faith belief that it is legally compelled to do so — for example, to comply with a court order, warrant, subpoena, or other valid legal process — AIForge Works may disclose information in its possession to the extent required by law.
8. Feedback
You may choose to submit feedback, suggestions, bug reports, or ideas about the Service (“Feedback”). You are not obligated to provide Feedback. To the extent you do, you grant AIForge Works a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, incorporate, and commercialize that Feedback without restriction or compensation. AIForge Works is not obligated to act on any Feedback.
9. Disclaimers
THE SERVICE AND ITS CONTENT, INCLUDING ALL PRICING INFORMATION AND OUTPUTS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AIForge Works DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF DATA, TITLE, AND NON-INFRINGEMENT.
AIForge Works DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS, OR THAT ANY PRICING INFORMATION OR OTHER INFORMATION PROVIDED IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, AND ANY RELIANCE ON PRICING INFORMATION OR OUTPUTS, IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
10. Limitation of Liability and Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIForge Works BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE ACCESS TO OR USE OF THE SERVICE, OR RELIANCE ON ANY PRICING INFORMATION OR OUTPUTS, REGARDLESS OF THE FORM OF ACTION AND EVEN IF AIForge Works HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF AIForge Works ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID TO AIForge Works FOR THE SERVICE IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, OR $100 IF NO FEES HAVE BEEN PAID. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Indemnification
You shall indemnify, hold harmless, and, at AIForge Works' option, defend AIForge Works from and against any and all losses, damages, liabilities, and costs (including reasonable attorneys' fees) incurred by AIForge Works resulting from any third-party claim, suit, action, or proceeding relating to or arising from your use of the Service, any violation of these Terms by you, or any other act or omission by you, including your violation of the rights of another. AIForge Works shall have control of the defense or settlement of any such claim, unless it requires you to defend it.
12. Termination
Notwithstanding anything in these Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your right to access or use the Service. Upon termination, your right to access the Service ceases immediately. To the fullest extent permitted by applicable law, you will not be entitled to a refund of amounts already paid. Sections concerning Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, and General terms survive termination.
13. Governing Law and Jurisdiction
These Terms, and the transactions they contemplate, are governed by the laws of [the State of incorporation of AIForge Works — to be confirmed], U.S.A., without reference to its conflict-of-law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply. The exclusive forum for the resolution of any dispute relating to these Terms shall be the state or federal courts located in [that jurisdiction — to be confirmed], and you consent to personal jurisdiction there. You agree to service of process by email to the address associated with your account and by any other means permitted by law.
14. Copyright Infringement Claims
We respect the intellectual property rights of others. If you believe in good faith that content on the Service infringes your copyright, please provide our copyright agent with: an electronic or physical signature of the person authorized to act on behalf of the copyright owner; a description of the copyrighted work claimed to be infringed; a description of where the allegedly infringing material is located on the Service; your address, telephone number, and email address; a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.
AIForge Works' copyright agent for such notices can be reached at legal@aiforge.works.
15. Notice
All notices, demands, or consents you give under these Terms must be in writing and will be deemed given when delivered to AIForge Works at legal@aiforge.works. Notices to you may be made by email or postal mail to the address in our records, or by posting on the Service. Please report any violations of these Terms to the contact above.
16. Severability
If any term, clause, or provision of these Terms is held invalid or unenforceable, that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining provision.
17. Miscellaneous
- •Entire Agreement — These Terms, together with the Privacy Policy and any applicable subscription or license agreement, constitute the entire agreement between you and AIForge Works relating to your access to and use of the Service.
- •Assignment — These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without AIForge Works' prior written consent.
- •Modifications to the Service — We reserve the right, in our sole discretion, to modify, suspend, or discontinue the Service (or any part of it) at any time.
- •No Waiver — AIForge Works' failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.
- •No Third-Party Beneficiaries — Except as otherwise provided, these Terms are intended solely for the benefit of the parties and confer no third-party beneficiary rights.
Contact
Questions about these Terms? Contact us at:
legal@aiforge.works