Scimitar Terms of Service
Last updated June 6, 2025
Welcome, and thank you for your interest in Foratus Inc. ("Foratus," "we," or "us") and our website at scimitar.foratus.com, along with the Software (as defined below), our related websites, hosted applications or other downloadable applications, and other services provided by us (collectively, the "Service"). These Terms and Conditions, including Foratus's Privacy Policy (available at: /privacy), (together, these "Terms") are a legally binding contract between you and Foratus regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING "I ACCEPT," SIGNING AN ORDER FORM THAT REFERENCES THESE TERMS, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THESE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND FORATUS'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY FORATUS AND BY YOU TO BE BOUND BY THESE TERMS.
If you are using the Service in the course of your work for an entity or organization that has a master subscription agreement with Foratus in effect, then such master subscription agreement controls in the event of a conflict with these Terms.
NOTICE OF ARBITRATION AND CLASS ACTION WAIVER. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FORATUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Our Scimitar platform offers a suite of AI-assisted data analysis tools driven by machine learning to help knowledge workers analyze data more easily and efficiently and can provide suggested analyses, insights, outputs, or other functions.
You must be at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) or 18 years old, whichever is higher. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times.
When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@foratus.com.
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. The pricing and payment terms in this Section 4 are subject to any pricing and payment terms set forth in an Order Form.
Foratus reserves the right to determine pricing for the Service. Foratus will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Foratus may change the fees for any feature of the Service, including additional fees or charges, if Foratus gives you advance notice of changes before they apply through the Service user interface, a pop-up notice, email, or through other reasonable means.
Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Foratus's net income. Foratus, at its sole discretion, may make promotional offers with different features and different pricing to any of Foratus's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Notwithstanding any amounts owed to Foratus hereunder, FORATUS DOES NOT DIRECTLY PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements").
By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Foratus assumes no liability or responsibility for any payments you make through the Service.
The Service may include certain subscription-based plans with automatically recurring payments for periodic charges ("Subscription Service"). The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the "Initial Subscription Period"), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a "Subscription Period") unless you cancel the Subscription Service or we terminate it.
If you activate a Subscription Service, then you authorize Foratus or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the "Subscription Fee", please see our pricing page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period.
You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Foratus or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by using the cancellation functionality made available in your billing menu or by contacting us at support@foratus.com. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
Foratus may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Foratus reserves the right to delete your account and any information associated with your account without any liability to you.
Subject to your complete and ongoing compliance with these Terms, Foratus grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service; (e) use the Service for any commercial purpose unless expressly permitted by these Terms or you have entered into a separate commercial agreement with Foratus; or (f) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.
"User Content" means any data, documents, files, or other content that you upload, input, or otherwise provide to the Service. You retain ownership of your User Content. By providing User Content to the Service, you grant Foratus a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content solely for the purpose of providing the Service to you.
You represent and warrant that you have all rights necessary to grant the licenses set forth in this section and that your User Content does not violate any third-party rights or applicable laws. You are solely responsible for your User Content and the consequences of providing it through the Service.
Scimitar offers a "Privacy Mode" setting that affects how your data is processed:
You can enable or disable Privacy Mode at any time in your account settings. Our data processing practices are further detailed in our Privacy Policy.
You agree not to use the Service to:
The Service and its original content, features, and functionality are and will remain the exclusive property of Foratus and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service or contact us at support@foratus.com.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FORATUS EXPRESSLY DISCLAIMS 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.
IN NO EVENT SHALL FORATUS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.
These Terms are governed by the laws of the Province Of Ontario without regard to conflict of law principles. All disputes and claims arising from these Terms will be governed in accordance with the arbitration provisions set forth below; provided that you and Foratus submit to the personal and exclusive jurisdiction of the provincial courts and federal courts located within Ontario for certain specific types of claims as outlined in the arbitration section.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Except for certain kinds of disputes described below, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FORATUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Any arbitration will be conducted by the International Centre for Dispute Resolution® ("ICDR") under the Commercial Arbitration Rules then in effect, except as modified by this section. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If you have any questions about these Terms, please contact us at support@foratus.com.
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