Terms of Service

Date of Last Revision: January 1, 2024

Forio Corporation (“Forio,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.forio.com (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://forio.com/privacy-policy/. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Services Description: The Service is designed to provide developers with a backend technology stack for creating online applications (each an “Application”).

Your Registration Obligations: You may be required to register with Forio in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Forio of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Forio will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Forio reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Forio will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Forio may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Forio’s servers on your behalf. You agree that Forio has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Forio reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Forio reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Forio. Forio reserves the right to investigate and take appropriate legal action against anyone who, in Forio’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • create an application or upload or email any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Forio, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Forio or its users to any harm or liability of any type;
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • solicit personal information from anyone under the age of 18;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Forio information regarding your credit card or other payment instrument. You represent and warrant to Forio that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Forio the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize Forio to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Forio know within sixty (60) days after the date that Forio invoices you. We reserve the right to change Forio’s prices. If Forio does change prices, Forio will provide notice of the change on the Site or in email to you, at Forio’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Forio may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Forio thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Forio’s net income.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Forio, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Forio, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Forio.

The FORIO name and logos are trademarks and service marks of Forio (collectively the “Forio Trademarks”). Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Forio Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Forio Trademarks will inure to our exclusive benefit. You agree that Forio may list your company name (including by displaying any company trademark) and identify the business relationship between the parties on the Forio website and in other marketing and advertising collateral.

Third Party Material: Under no circumstances will Forio be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Service. You acknowledge that Forio does not pre-screen content, but that Forio and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Forio and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Forio, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Uploaded to the Service: You are solely responsible for the code, Applications, content and other materials you upload through the Service or share with other users or recipients (collectively, “User Content”). Forio makes no claim of ownership or control over your User Content. You acknowledge that you are solely responsible for securing and backing up your User Content. Further, you will not upload any code or content that you did not create or that you do not own, have sufficient rights to, or have all right, title and interest in and to, including, without limitation, all copyright contained therein. By uploading any User Content you hereby grant and will grant Forio and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content solely in connection with the operation of the Service, in any form, medium or technology now known or later developed. Further, by creating an Application through use of the Service, you grant and will grant Forio and its affiliated companies a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Forio to provide you with the Service.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Forio are non-confidential and Forio will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Forio may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Forio, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Forio respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Forio of your infringement claim in accordance with the procedure set forth below.

Forio will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Forio’s Copyright Agent at dmca@forio.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:

Forio Corporation
533 Airport Blvd,Suite 400
Burlingame, CA 94010

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim been infringed;
  • a description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access been disabled and the location at which the content appeared before it removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Forio will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Forio has adopted a policy of terminating, in appropriate circumstances and at Forio’s sole discretion, users who are deemed to be repeat infringers. Forio may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Forio has no control over such sites and resources and Forio is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Forio will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Forio is not liable for any loss or claim that you may have against any such third party.

Third Party Services

You may enable various online services to be directly integrated into your Forio experience. By directly integrating these services into the Service, we make your more personalized. To take advantage of these features, we may ask you to register for or log into the services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Forio’s use, storage and disclosure of information related to you and your use of such services within Forio, please see our Privacy Policy at http://forio.com/privacy-policy/. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Forio will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within your account.

In addition, Forio is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Forio is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Forio enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release

You agree to release, indemnify and hold Forio, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FORIO AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FORIO AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FORIO AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FORIO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL FORIO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FORIO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Arbitration

At Forio’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Termination

You agree that Forio, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Forio believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Forio may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Forio may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, except that, if you have made all payments owed to Forio (if any) and Forio terminates your account without cause, or if you terminate your account for convenience in accordance with this TOS, then Forio will, upon your written request, provide a file of your User Content (in applicable format) existing on the Service as of the date of such termination of your account, for a period of thirty (30) days following notice of termination. After such thirty (30) day period, Forio may permanently delete your User Content on the Service. Further, you agree that Forio will not be liable to you or any third-party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Forio will have no liability or responsibility with respect thereto. Forio reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Forio and govern your use of the Service, superseding any prior agreements between you and Forio with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Forio agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Forio to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Forio, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Questions? Concerns? Suggestions?

Please contact us at tos@forio.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.

Privacy Policy

Effective date: January 1, 2024

Forio Corporation ("us", "we", or "our") operates the https://forio.com website (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://forio.com

Definitions

  • Service

    Service is the https://forio.com website operated by Forio Corporation

  • Personal Data

    Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

  • Usage Data

    Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Cookies

    Cookies are small pieces of data stored on your device (computer or mobile device).

  • Data Controller

    Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

    For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

  • Data Processors (or Service Providers)

    Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

    We may use the services of various Service Providers in order to process your data more effectively.

  • Data Subject (or User)

    Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

We do not intentionally collect sensitive personal information, such as social security numbers, genetic data, health information, or religious information. Although Forio does not request or intentionally collect any sensitive personal information, we realize that you might store this kind of information in your account, for example in a file in your project. If you store any sensitive personal information on our servers, you are responsible for complying with any regulatory controls regarding that data.

Usage Data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Forio Corporation uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Forio Corporation legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Forio Corporation may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it's not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Retention of Data

Forio Corporation will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Forio Corporation will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Forio Corporation will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Business Transaction

If Forio Corporation is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, Forio Corporation may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Forio Corporation may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Forio Corporation
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

"Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Forio Corporation aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

  • The right to object. You have the right to object to our processing of your Personal Data.

  • The right of restriction. You have the right to request that we restrict the processing of your personal information.

  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Forio Corporation relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics

    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

    You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Behavioral Remarketing

Forio Corporation uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 13 .

We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child under 13 has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children under 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • By email: info@forio.com
  • By mail: Forio Corporation 533 Airport Blvd, Suite 400, Burlingame, CA 94010 USA

Forio End User License Agreement

Date of Last Revision: January 1, 2024

This End User License Agreement (“License”) governs your use of the simulations, other similar analytic applications, and related user and facilitator documentation (“Simulations”) that Forio Corporation (“Forio”) makes available to you through its website. This License also incorporates by reference the Forio Terms of Service set forth at ToS (“Terms”), and the Simulations shall be deemed part of the Services defined therein. Applies for Ready-to-Run Simulations, those found here Sim Store

By using a Simulation, you are agreeing to this License. If you don’t agree with any of these terms, you cannot use our Simulations.

  • Changes to This License

    Forio reserves the right, at its sole discretion, to change or modify portions of this License at any time. If Forio does this, it will post the changes to this License on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Simulations or changes made for legal reasons will be effective immediately. Your continued use of any Simulation after the date any such changes become effective constitutes your acceptance of the new License.

  • Changes to the Simulations, Services and/or Fees

    In its sole discretion, Forio may change or discontinue a Simulation (and/or our website and any of our other services) without notice or liability to you. Forio may also decide, in its sole discretion, to charge (or charge more) for a Simulation and/or services that integrate with a Simulation.

  • License Grant; Ownership; Third-Party Software

    Subject to the restrictions this License, Forio grants you a revocable, non-exclusive, non- transferable, non-sublicensable, limited license, during the term of this License, to access those Simulations, via Forio’s website, for which you have subscribed. Any attempt to use the Simulation other than as permitted by this License will immediately terminate the foregoing license. Except for the rights explicitly granted in this License, Forio and its partners retain all right, title and interest (including all intellectual property rights) in and to the Simulations. Forio reserves all rights in the Simulations not expressly granted in this License. In connection with the Simulations or related services, Forio may use third-party software that is subject to open source and/or third-party license terms. You are subject to those terms. Ready-to-Run simulations are intended for one-time use. That use may take place over a few hours, over a matter of days, or perhaps over a few weeks - but never longer than that period.

  • License Restrictions

    • You may not:
    1. Rent, lease, sublicense, sell, assign, loan, distribute, re-publish, time share, or otherwise transfer the Simulation, your copy of the Simulation or any of your rights and obligations under this License
    2. Remove, obscure or destroy any copyright notices or other proprietary markings on the Simulation
    3. Reverse engineer, decompile, disassemble, modify or adapt the Simulation, merge the Simulation into another program, or create derivative works of the Simulation
    4. Copy any portion of the Simulation
    5. Use the Simulation in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License.

    You may print copies of any user documentation provided in online or electronic form solely for your personal use and the use of any facilitators and participants under your account.

    You shall ensure that each facilitator and participant using a Simulation has a unique username and password issued by Forio. Accordingly, you may not use the same username and password for multiple facilitators and/or participants, even if are running multiple sessions of a Simulation, and you shall ensure that facilitators and participants to not share usernames or passwords. Forio reserves the right to cause usernames to expire after a certain time or after a certain number of logins. You shall ensure that usernames purchased under an academic license are used solely by students of an accredited K-12, undergraduate, or graduate program. You are responsible for any use of, or activity occurring under, any usernames and passwords, and for any failure of any facilitator or participant to comply with the terms of this License.

  • Termination

     This License will terminate automatically upon the earlier of: (a) your failure to comply with any term of this License (whether or not Forio informs you of this termination); or (b) if you are using the Simulation(s) in connection with a paid service, the end of the subscription period specified at time of purchase. If this License terminates, you must immediately stop accessing and using the Simulation(s).

  • Compliance

     You are solely responsible for compliance with any applicable laws and regulations and your own contractual obligations to third parties.

  • Privacy policy

     If you download and/or use a Simulation, you are subject to our Privacy Policy located at https://forio.com/about/legal/#privacy, and you hereby consent to the collection, use and disclosure of personal data described in our Privacy Policy.

  • Transmission of Data/Updates

     Use of a Simulation may involve the transmission of data over the Internet to Forio and to and from third parties. Forio disclaims all liability with respect to the security of such data or your use of the Internet.

  • Trademarks

     Certain of the product and service names used in this License and in the Simulation may contain trademarks of Forio or third parties. You are not authorized to use any such trademarks. All trademarks are the property of their respective owners.

  • Export Controls

     You agree not to export, re-export or use a Simulation except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your Simulation license. Without limiting the generality of the foregoing, you shall not export or reexport, directly or indirectly, any of the Simulations to Cuba, Iran, Libya, Syria, Sudan or North Korea. By using a Simulation, you represent and warrant that you are not located in any such country. You also agree that you will not use a Simulation for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.

  • U.S. Government End Users

     Simulations are defined as Commercial Items, as defined by 48 C.F.R. article 2.101 and consist of Commercial Computer Software and Commercial Computer Software Documentation as used in 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202 (and any successor regulations). Simulations are being licensed to U.S. Government end users only as Commercial Items, consistent with 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202-1 through 227.7202-4 as applicable (and any successor regulations), and with only the same rights granted to all other end users in the terms and conditions of this License. All unpublished rights are reserved under the copyright laws of the United States and international Licenses.

  • Support

    • Forio will provide you with technical support for the Simulations during normal business hours via support@forio.com.

  • Miscellaneous

     This License, the Terms of Service and the Privacy Policy are the entire agreement between you and Forio relating to the Simulations and they supersede all prior oral or written communications and representations with respect to any Simulation or any other subject matter covered by this License. Sections 4, 5, 6, 7 and 9 will survive any termination of this License. Except as otherwise provided in Section 1, no amendment of any provision of this License shall be effective unless set forth in a writing signed by a representative of Forio and You. You are not permitted to assign this License without the prior written consent of Forio.

  • Cancellation Policy

     Cancellations made 48 hours in advance of the event date, will receive a refund or the option to reschedule the event for upto 1 year. If Forio has configured the class roster, $165.00 will be deducted from any refunds. No refund will be granted to the seats that are not used during the event but these seats can be adjusted with any future purchases made within the span of 1 year.

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