Policies that apply to your account and use of this site.
Last revised on 17 jan 2025
Welcome to Forecastia, owned and operated by Codesket Pvt Ltd..
These Terms of Service are a contract between you and Codesket Pvt Ltd. (referred to in these Terms of Service as “Forecastia,” “us,” “we,” or “our”), the provider of the Forecastia.ai website and the software accessible from the Forecastia.ai website (which are collectively referred to in these Terms of Service as the “Forecastia Software” or just “Forecastia”).
If you are accessing or using the Software on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company.
This Agreement permits Customer to purchase licenses to online financial forecasting software and related services from Forecastia pursuant to any Forecastia ordering documents, online registration, order descriptions, or order confirmations referencing this Agreement (“Order Form(s)”) and sets forth the basic terms and conditions under which those products and services will be delivered. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.
The “Effective Date” of this Agreement is the date which is the earliest of (a) Customer’s initial access to any Software through any online provisioning, registration, or order process, or (b) the effective date of the first Order Form referencing this Agreement.
From time to time, Forecastia may modify this Agreement. Unless otherwise specified by Forecastia, changes become effective for Customer upon renewal of Customer’s current Subscription Term (as defined below) or entry into a new Order Form. Forecastia will use reasonable efforts to notify Customer of the changes through communications via Customer’s account, email, or other means. Customers may be required to click to accept or otherwise agree to the modified Agreement before renewing a Subscription Term or entering into a new Order Form, and in any event, continued use of the Software after the updated version of this Agreement goes into effect will constitute Customer’s acceptance of such updated version.
If Forecastia specifies that changes to the Agreement will take effect prior to Customer’s next renewal or order (such as for legal compliance or product change reasons) and Customer objects to such changes, Customer may terminate the applicable Subscription Term and receive as its sole remedy a refund of any fees Customer has pre-paid for use of the applicable Software for the terminated portion of the Subscription Term.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SOFTWARE, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE ANY SOFTWARE. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ IT CAREFULLY.
To use the Software, you must be 18 years or older and must not otherwise be barred from using the Software under applicable law. You must be a human, a company, or any other recognized legal entity. It is not permitted to sign up for the Software using bots or other automated methods.
You must provide a valid permanent email address, along with any other information required by Forecastia during the registration process. One person or legal entity may not maintain more than one free account.
You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy.
You will not use the Software for any illegal or unauthorized purpose. You will comply with all laws, rules, and regulations applicable to the use of the Software. Additionally, you agree to:
Forecastia may remove any user-generated content if it determines that the content violates these Terms of Use or applicable law.
Forecastia does not claim ownership rights in any content you provide while using the Software. However, Forecastia and its licensors exclusively own all rights, title, and interest in and to the Software and its associated intellectual property.
You are solely responsible for all content that you provide or upload while using the Software. You represent and warrant that you have all necessary rights to use and share such content and that it does not infringe any third-party rights or violate applicable laws.
Subject to your compliance with these Terms, Forecastia grants you a limited, non-exclusive, non-transferable license to access and use the Software solely for your internal business purposes.
Certain features of the Software require a paid subscription. By subscribing, you agree to pay all associated fees as specified in the applicable Order Form.
Payments are processed securely through third-party payment processors. You are responsible for providing accurate and up-to-date billing information. Fees are non-refundable unless otherwise stated.
You are responsible for any applicable taxes associated with your subscription or license.
You may terminate your account at any time by contacting us at info@forecastia.ai.
Forecastia reserves the right to suspend or terminate your account for any violation of these Terms or other applicable policies.
Upon termination, your right to access and use the Software will cease immediately. Certain provisions of these Terms, such as ownership, warranties, and limitations of liability, will survive termination.
The Software is provided "as is" and "as available" without any warranties of any kind, express or implied. Forecastia disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by law, Forecastia shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Software, even if we have been advised of the possibility of such damages.
These Terms of Use are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
You and Forecastia agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Software or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Forecastia with written notice of your desire to do so by email or regular mail at info@forecastia.ai within thirty (30) days following the date you first agree to these Terms of Service (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Forecastia with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Forecastia with an Arbitration Opt-out Notice, will be the state and federal courts located in Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Forecastia with an Arbitration Opt-out Notice, you acknowledge and agree that you and Forecastia are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Forecastia otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Service.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Forecastia otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed INR 10,000, then the arbitration will be conducted solely on the basis of the documents that you and Forecastia submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds INR 10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Forecastia will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Forecastia reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated "17 Jan 2025" date. Your continued use of the Software after changes become effective constitutes your acceptance of the updated Terms.
If you have any questions about these Terms, please contact us: info@forecastia.ai