Terms of Use

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1. Who we are and what these Terms cover

1.1 We are Foresty Ltd, a company registered in England and Wales under company number 16775596, with our registered office at 124 City Road, London EC1V 2NX, United Kingdom. In these Terms, “we”, “us” and “our” mean Foresty Ltd. You can contact us at info@foresty.me.

1.2 These Terms of Use (the “Terms”) apply to:

1. our Online Services: the website at foresty.me and any other website, app, browser extension, bot, software tool or online service that we operate and that refers to these Terms, including their paid features; and
2. our Professional Services: services that we provide to clients under an Engagement, which include:
   • software development: mobile apps, web applications, software-as-a-service products, backends and integrations;
   • design: graphic design, web design and mobile app design;
   • IT consultancy, including technical architecture, product management and project management; and
   • advertising-related services, including reviews of advertising accounts and campaigns, consultancy on advertising and analytics, and the integration of trackers, attribution, analytics and conversion tools.

1.3 Some of our products and services have their own website, terms of use or privacy policy. Where they do, those documents apply to that product or service instead of these Terms, unless they say otherwise.

1.4 An Engagement may contain its own terms, for example in a proposal, a statement of work or a signed contract. If an Engagement conflicts with these Terms, the Engagement prevails for that Engagement. Our Privacy Policy and Cookie Policy explain how we handle personal data. They are provided for information and are not part of these Terms.

1.5 By using the Online Services, or by entering into an Engagement, you agree to these Terms. If you do not agree, do not use the Online Services and do not engage us.

1.6 Some parts of these Terms apply only to Business Customers and some only to Consumers. If you accept these Terms on behalf of a business, you confirm that you are authorised to bind it, and “you” means that business. If you are a Consumer, you have legal rights that these Terms do not affect. Section 15 summarises them.

2. Definitions

In these Terms:

• “Business Customer” means anyone who uses the Online Services or engages us for purposes relating to their trade, business, craft or profession, including sole traders, companies and other organisations.
• “Client Materials” means content, data, software, designs, trade marks, account access and any other materials that you, or anyone acting for you, provide or make available to us.
• “Consumer” means an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession.
• “Deliverables” means the software, designs, documents, reports, configurations and other materials that we create for you and deliver under an Engagement.
• “Engagement” means an agreement for Professional Services between you and us, made as described in clause 5.1, together with any proposal, quote, statement of work, order or invoice that forms part of it.
• “Fees” means the amounts payable to us for Professional Services or for paid features of the Online Services.
• “Product” means any Online Service other than our website, such as an app, a browser extension, a bot or a software tool.
• “Third-Party Platform” means any platform, service or software that we do not operate, including app stores, Apple, Google, Meta, Telegram, advertising networks, attribution and analytics providers, payment providers and hosting providers.

3. Using our Online Services

3.1 Licence. We give you a personal, limited, non-exclusive, non-transferable and revocable licence to access and use the Online Services for their intended purpose, in accordance with these Terms. All other rights are reserved.

3.2 Provided “as is”. Unless a Product says otherwise, the Online Services are free of charge. They are provided “as is” and “as available” (see section 12). We may change, suspend or withdraw any Online Service, feature or content at any time, without notice and without liability. Information on our website is general information, not professional advice.

3.3 Age. The Online Services are not directed at children. You must be at least 13 years old to use them. If you are under 18, you may use them only with the permission of a parent or guardian, who must make any purchase for you.

3.4 Accounts. Some Products let you create an account. You must give accurate information, keep your login details confidential, and tell us promptly at info@foresty.me if you think someone else has used your account. You are responsible for activity under your account. We may close an account that has not been used for 24 months. Where we have your email address, we will warn you first.

3.5 Your content. If a Product lets you enter, upload or process content, such as text, files or images, you keep all rights in it. You give us a worldwide, non-exclusive, royalty-free licence to host, copy, process and transmit your content only as needed to provide, secure and support the Product. You are responsible for your content. You confirm that you have the rights needed to use it in the Product, and that it does not break the law or infringe anyone’s rights. We do not monitor content, but we may remove it or restrict access to it if we reasonably believe that it breaches these Terms or the law.

3.6 Automated and AI-assisted features. Some Products use automated tools, including AI models provided by third parties, to analyse or generate content. Their output can be wrong, incomplete or unsuitable for your purpose, and it is not professional advice. Check output before you rely on it. Do not enter personal data or confidential information unless the feature needs it.

3.7 Paid features and subscriptions. Some Products offer one-off purchases or subscriptions. The price and what you get are shown before you pay.

1. Purchases made through the Apple App Store, Google Play, another app store or Telegram are processed by that platform under its own terms. The platform handles payment, renewals, cancellations and refunds, and we cannot issue refunds for those purchases ourselves.
2. Purchases made directly from us are processed by our payment provider, Stripe.
3. Subscriptions renew automatically at the end of each period, at the price that applies at the time, until you cancel. You can cancel at any time in your app store or platform account settings, or as described in the Product. Cancellation takes effect at the end of the current period, and you keep access until then.
4. A free trial converts automatically to a paid subscription unless you cancel before it ends. For app store purchases, you must cancel at least 24 hours before the end of the trial.
5. We may change prices for future periods. Where the law or the platform requires it, we will tell you in advance, and you can cancel before the new price applies.

If you are a Consumer, section 15 explains your rights, including your right to cancel.

3.8 Acceptable use. You must not, and must not help anyone else to:

1. use the Online Services in any way that is unlawful, fraudulent, harmful or deceptive, or that infringes anyone’s rights;
2. upload or send malware, spam, or content that is abusive, defamatory, obscene or hateful, or that encourages violence;
3. access the Online Services by automated means, including scraping, crawling, data mining or collecting content to train AI models, other than through interfaces that we document, except that search engines may index our public pages;
4. probe, scan or test the vulnerability of the Online Services, or break or get round any security measure, authentication or usage limit;
5. interfere with or overload the Online Services, or create fake accounts, purchases, clicks or traffic;
6. copy, modify, decompile, disassemble or reverse engineer any Online Service, except to the extent that the law allows this despite this restriction;
7. resell, sublicense or commercially exploit the Online Services without our written permission; or
8. use the Online Services in breach of the terms of an app store or another Third-Party Platform.

3.9 Suspension. We may suspend or end your access to any Online Service, without notice, if we reasonably believe that you have breached these Terms, if the law requires it, or to protect the Online Services or other users. If you are a Consumer who paid us directly for a Product, and we end your access for a reason other than your breach of these Terms, we will refund the part of the price that relates to the period you have paid for but will not receive.

3.10 Third-party services and links. The Online Services may link to or depend on Third-Party Platforms. We are not responsible for them, their availability or their content, and their own terms and privacy policies apply to your use of them.

3.11 Feedback. If you send us ideas or suggestions about our services, we may use them freely, without any obligation to you.

3.12 Reporting security problems. If you find a security vulnerability in an Online Service, please report it to info@foresty.me and give us reasonable time to fix it before you tell anyone else. Do not access, change or delete data that does not belong to you.

4. Additional terms for apps from Apple’s App Store

4.1 This section applies to any Product that you obtain from Apple’s App Store (an “iOS App”), in addition to the rest of these Terms. If this section conflicts with the rest of these Terms, this section prevails for the iOS App.

1. These Terms are between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the iOS App and its content.
2. Your licence to use the iOS App is limited to a non-transferable licence to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may also be used by other accounts associated with you through Family Sharing or volume purchasing.
3. We are solely responsible for any maintenance and support of the iOS App, to the extent described in these Terms or required by law. Apple has no obligation to provide any maintenance or support for it.
4. We are responsible for any product warranties, whether express or implied by law, to the extent that they are not effectively excluded. If the iOS App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, to the extent that these Terms do not exclude them.
5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the iOS App or your possession and use of it, including product liability claims, claims that the iOS App fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
6. If a third party claims that the iOS App, or your possession and use of it, infringes its intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
7. You confirm that you are not located in a country that is subject to a US Government embargo or that the US Government has designated as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
8. You must comply with any applicable third-party terms when you use the iOS App, such as your mobile data service agreement.
9. Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

Questions, complaints and claims about an iOS App should be sent to us using the contact details in section 20.

5. Engagements

5.1 How an Engagement is made. An Engagement is made when the first of the following happens: (a) we both sign a written agreement or statement of work; (b) you accept our proposal or quote in writing, for which email is enough; or (c) you pay a deposit or an invoice for the work that it describes. Engagements are made in English. We keep a copy of each Engagement and will send it to you on request.

5.2 Scope and changes. We will provide the Professional Services described in the Engagement. Anything not described in it is outside its scope. Either of us may ask for a change. A change is binding only when we both agree to it in writing, for which email is enough, including any change to the Fees or the timetable.

5.3 Estimates. Unless an Engagement states a fixed price or a fixed date, any estimate of time, cost or effort is a good-faith estimate only, and work charged by time is charged for the time actually spent.

5.4 Your responsibilities. You must:

1. give us, accurately and on time, the Client Materials, information, access, decisions and feedback that we reasonably need;
2. make sure that Client Materials are lawful and accurate, and that you have all the rights and licences needed for us to use them;
3. give us access to your accounts on Third-Party Platforms with the minimum permissions that we need, and remove our access when the Engagement ends;
4. review Deliverables promptly when we deliver them;
5. keep your own backups of your data, code and systems; and
6. obtain the consents, licences and approvals needed for the Deliverables and their use, including from your end users, from platform operators and from regulators.

If you do not, we are not responsible for the resulting delays, extra costs or defects, and we may charge for any extra work at our usual rates.

5.5 How we work. We decide how to perform the Professional Services. We may use subcontractors and third-party software tools, including AI-assisted development and design tools. We remain responsible for the work of our subcontractors. If you do not want a particular subcontractor or tool to be used, tell us in writing before the Engagement starts.

5.6 Hosting and maintenance. Unless the Engagement says otherwise, Professional Services do not include hosting, maintenance, monitoring, backups or security updates. Nor do they include changes needed after delivery because a Third-Party Platform changes, for example a new operating system version or new app store rules. We can provide these under a separate Engagement.

5.7 Excluded uses. We do not accept Engagements for, and Deliverables must not be used in, medical devices or clinical decision-making; aviation, aerospace or vehicle control; nuclear, weapons or military systems; life-support, emergency-service or other safety-critical systems; or any other activity in which a failure could lead to death, personal injury or serious physical or environmental damage. If you use Deliverables in this way, you do so entirely at your own risk.

5.8 Data you must not send us. Unless an Engagement expressly provides for it, together with appropriate safeguards, you must not send us special category personal data (such as health, biometric or genetic data, or data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life or sexual orientation), personal data about criminal convictions or offences, payment card numbers, or passwords to individuals’ personal accounts.

6. Fees and payment

6.1 Fees. The Fees for Professional Services are set out in the Engagement. Unless stated otherwise, Fees are in pounds sterling. You pay third-party costs, such as software licences, stock images, fonts, hosting, app store developer programme fees and advertising spend, either directly to the provider or by reimbursing us where agreed in advance.

6.2 Invoices. We invoice as set out in the Engagement, for example in advance, by milestone or monthly in arrears. Unless the Engagement says otherwise, invoices are payable within 14 days of their date, by bank transfer or by card through Stripe. We may ask for a deposit before we start work.

6.3 VAT and other taxes. We are not currently registered for VAT, so we do not charge VAT. If we become registered, we will tell you, and VAT will be added, where the law requires, to invoices issued after the registration. Any price that we quote to a Consumer always includes any VAT payable. Business Customers must pay Fees without any deduction or withholding. If the law requires a Business Customer to withhold tax, it must increase the payment so that we receive the full amount invoiced. Business Customers are responsible for any reverse-charge VAT, sales tax or import duty in their own country.

6.4 Late payment. If you do not pay on time, we may suspend work and deliveries until you pay, and the timetable moves accordingly. If you are a Business Customer, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. If you are a Consumer, we may charge interest at 4% a year above the Bank of England base rate from the due date until you pay.

6.5 Invoice disputes. If you believe that an invoice is wrong, tell us in writing within 30 days of its date, giving your reasons, and pay any undisputed amount on time. A Business Customer that does not dispute an invoice within that period is treated as having accepted it.

6.6 No refunds. Fees for work performed and for Deliverables delivered are not refundable, and deposits are not refundable once work has started. This does not apply where these Terms say otherwise or where the law gives you a right to a refund, including the rights of Consumers in section 15.

7. Deliverables, intellectual property and acceptance

7.1 Ownership of Deliverables. When you have paid all Fees due under an Engagement, we assign to you all intellectual property rights that we own in the Deliverables created specifically for you under it, except Background Materials and Third-Party Components. Until then, we keep those rights and give you a non-exclusive, non-transferable licence to use the Deliverables for review and testing only. That licence ends automatically if the Engagement ends before you have paid in full.

7.2 Background Materials. We keep all rights in the code, libraries, templates, tools, designs, know-how and methods that we owned before the Engagement or that we develop independently of it, including general-purpose code that we reuse across projects (“Background Materials”). Where Background Materials are included in Deliverables, we grant you, once you have paid in full, a perpetual, worldwide, non-exclusive and royalty-free licence to use, modify and distribute them as part of those Deliverables.

7.3 Third-Party Components. Deliverables may include open-source software, fonts, images, icons, software development kits, APIs or other third-party components (“Third-Party Components”). They are licensed to you under their own licence terms, which you must comply with, and we give no warranty for them. Where a component needs a paid licence, you must buy it unless the Engagement says otherwise.

7.4 Client Materials. You keep all rights in Client Materials. You give us a non-exclusive, royalty-free licence to use, copy and modify them only as needed to perform the Engagement.

7.5 Names, logos and designs. Unless the Engagement says otherwise, we do not carry out trade mark, design or domain name searches. Before you adopt a name, logo or design that we create, you should check that it is available and does not infringe anyone’s rights.

7.6 Portfolio and credit. We may describe the work that we have done for you, show the Deliverables (except your confidential information), and name you as a client, including by your name and logo, on our website and in our marketing, unless you tell us in writing that you do not want this. Where the law gives us the right to be identified as the author of a Deliverable, we keep that right, but we will not use it in a way that unreasonably interferes with your use of the Deliverable.

7.7 Acceptance by Business Customers. If you are a Business Customer, Deliverables are accepted on the earliest of: (a) your written acceptance; (b) payment of the final invoice for them; (c) their use in a live or production environment, or their submission to an app store; or (d) 14 days after delivery, unless within that period you send us a written notice describing in reasonable detail how they do not meet the Engagement. If you send such a notice, we will correct material non-conformities within a reasonable time, and this clause then applies to the corrected Deliverables. After acceptance, further work, including fixing defects, is outside the Engagement and is charged at our usual rates, unless the Engagement includes a warranty or support period.

8. Third-Party Platforms and advertising services

8.1 Third-Party Platforms. Many Professional Services and Deliverables depend on Third-Party Platforms that we do not control. We are not responsible for their availability, accuracy, decisions, policies, fees or changes. This includes the rejection, suspension or removal of an app, a website, an advertising account or an advertisement, restrictions on an API, and changes in how a platform measures or attributes results. You must comply with the terms and policies of each Third-Party Platform that you use, and you remain the owner of, and responsible for, your accounts with them.

8.2 No guaranteed results. We do not promise any particular commercial result, including app store approval or ranking, traffic, installs, conversions, revenue, return on advertising spend, cost per acquisition or attribution rates. Figures and forecasts that we provide are estimates.

8.3 Advertising services. When we review or advise on advertising:

1. you pay your advertising spend directly to the platform and you are responsible for it, including spend that results from settings that we recommended or changed on your instructions;
2. you are responsible for the content of your advertisements and for their compliance with the law, with advertising codes such as the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), and with platform policies; and
3. our recommendations are opinions based on the information available to us at the time, and you decide whether to follow them.

8.4 Trackers, analytics and attribution. When we integrate trackers, analytics, attribution, conversion APIs or similar tools, we do so on your instructions and as your service provider. You are responsible for:

1. deciding what data is collected;
2. giving users the required privacy information;
3. obtaining any consent that is required, including cookie consent and Apple’s App Tracking Transparency permission;
4. your agreements with the providers of those tools; and
5. the lawfulness of any transfer of data to them.

Annex A applies when we process personal data for you.

9. Confidentiality

9.1 Each of us will keep confidential the non-public information that it receives from the other in connection with an Engagement and that is marked as confidential or that a reasonable person would understand to be confidential. Each of us will use that information only for the Engagement, and will disclose it only to its personnel, subcontractors and professional advisers who need to know it and who are bound by confidentiality obligations. Your confidential information includes Client Materials. Ours includes our pricing, methods and Background Materials.

9.2 These obligations do not apply to information that is or becomes public through no fault of the recipient, that the recipient already held lawfully, that it receives lawfully from someone else without a duty of confidence, or that it develops independently. Either of us may disclose confidential information where required by law, a court or a regulator.

9.3 These obligations continue for three years after the Engagement ends and, for trade secrets, for as long as the information remains a trade secret.

10. Data protection

10.1 Our Privacy Policy explains how we handle personal data as a controller, including data about visitors to our website, users of the Online Services, and our clients and their staff.

10.2 When we process personal data on your behalf in providing Professional Services, you are the controller, we are your processor, and the Data Processing Addendum in Annex A applies.

11. Sanctions and export control

11.1 We comply with the sanctions and export control laws of the United Kingdom, the United Nations, the European Union and the United States. You must not use the Online Services, engage us or receive Deliverables if you, any person who owns or controls you, or any person for whose benefit you act:

1. is located, incorporated or ordinarily resident in Russia, Belarus, Cuba, Iran or North Korea, in the non-government-controlled areas of the Crimea, Donetsk, Luhansk, Kherson or Zaporizhzhia regions of Ukraine, or in any other country or territory that is subject to comprehensive sanctions; or
2. is named on a sanctions list maintained by any of those authorities, or is owned or controlled by a person who is.

11.2 You must not use a VPN, a nominee, false information or any other means to hide your identity or location in order to get round this section. If we reasonably suspect a breach of this section, we may refuse, suspend or end any Online Service or Engagement immediately and without liability, and Fees already paid are not refundable except where the law requires.

12. Disclaimer of warranties

12.1 Online Services. To the fullest extent permitted by law, the Online Services, and all information, content and output available through them, are provided “as is” and “as available”, without any warranty, condition, representation or guarantee of any kind, whether express, implied, statutory or otherwise. This includes any warranty as to accuracy, completeness, availability, security, satisfactory quality, fitness for a particular purpose or non-infringement. We do not warrant that the Online Services will be uninterrupted, timely, secure or free of errors, or that defects will be corrected.

12.2 Professional Services for Business Customers. If you are a Business Customer, Professional Services and Deliverables are provided “as is”. Except as expressly stated in an Engagement, and to the fullest extent permitted by law, we exclude all terms, conditions and warranties that might otherwise be implied, including the terms implied by sections 13 and 14 of the Supply of Goods and Services Act 1982 and any implied terms as to satisfactory quality, fitness for purpose, results and non-infringement. We do not warrant that Deliverables will be free of errors or vulnerabilities, that they will work with future versions of any Third-Party Platform, or that any app store or platform will accept them.

12.3 Consumers. If you are a Consumer, clauses 12.1 and 12.2 do not affect your legal rights, which section 15 summarises.

13. Our liability

13.1 What we do not exclude. Nothing in these Terms or in any Engagement limits or excludes our liability for:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. breach of the rights of Consumers described in clause 15.2, to the extent that the law does not allow that liability to be limited; or
4. any other liability that cannot be limited or excluded by law.

13.2 Free Online Services. The Online Services, other than the paid features of Products, are provided free of charge. Subject to clause 13.1, we have no liability to you of any kind, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss or damage arising out of or in connection with your use of, or inability to use, free Online Services, or any information, content or output obtained through them.

13.3 Paid features of Products. Subject to clauses 13.1 and 13.5(c), our total liability to you arising out of or in connection with the paid features of a Product is limited to the amount that you paid for that Product in the 12 months before the event giving rise to the claim.

13.4 Professional Services for Business Customers. If you are a Business Customer, then, subject to clause 13.1:

1. we are not liable, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, for any loss of profits, revenue, sales or business; loss of anticipated savings; loss of contracts or opportunities; loss of or damage to goodwill or reputation; loss, corruption or unavailability of data or software; wasted expenditure, including advertising spend; management or staff time; loss caused by a Third-Party Platform, including the rejection, suspension or removal of an app, account or advertisement; loss caused by Client Materials or by following your instructions; or any indirect or consequential loss, in each case even if it was foreseeable or we were told that it might happen;
2. our total liability arising out of or in connection with an Engagement is limited to the Fees actually paid by you under that Engagement or, for an Engagement that is invoiced periodically, such as a monthly retainer, to the Fees paid under it in the 12 months immediately before the event giving rise to the claim. Several claims do not increase this limit; and
3. you must notify us of any claim in writing within 12 months of the date on which you became aware, or ought reasonably to have become aware, of the facts giving rise to it. After that, the claim is barred.

13.5 Consumers. If you are a Consumer, then, subject to clause 13.1:

1. we are responsible for loss or damage that you suffer which is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen or if, when the contract was made, both we and you knew that it might happen;
2. we are not responsible for loss or damage that is not foreseeable. We supply our services and Products for your domestic and private use, so if you use them for any commercial or business purpose, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity;
3. if defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we are not liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge, or for damage caused by you failing to follow installation instructions correctly or to meet the minimum system requirements that we advised; and
4. apart from paragraph (c), our total liability to you in connection with an Engagement or a paid Product is limited to the price that you paid for it.

13.6 Events outside our control. We are not responsible for any delay or failure caused by events outside our reasonable control. These include failures of Third-Party Platforms, hosting providers or networks, cyber-attacks, power failures, industrial action, war, terrorism, epidemics, natural disasters and changes in the law. If such an event happens, we will tell you and take reasonable steps to limit its effect. If it continues for more than 30 days, either of us may end the affected Engagement or subscription by notice, and we will refund any Fees paid in advance for work not performed or for a subscription period not provided.

13.7 Who may rely on this section. Sections 12 and 13 also protect our directors, employees, contractors and subcontractors. Each of them may enforce those sections under the Contracts (Rights of Third Parties) Act 1999.

14. Your responsibility to us (Business Customers)

14.1 If you are a Business Customer, you will indemnify us and our directors, employees and subcontractors against all claims, losses, damages, fines, penalties, costs and expenses, including reasonable legal fees, arising out of or in connection with:

1. Client Materials, including any claim that our use of them in accordance with an Engagement infringes a third party’s rights or breaks the law;
2. your products, apps, websites and advertisements, and your relationships with your customers and end users;
3. your breach of these Terms, of an Engagement or of the terms of a Third-Party Platform;
4. any use of Deliverables that clause 5.7 excludes; and
5. any failure by you to give a notice or obtain a consent that data protection, privacy or electronic communications law requires.

14.2 We will tell you promptly about any claim for which we ask you to indemnify us, and we will allow you reasonable control of its defence. You must not settle it in a way that admits fault on our part or imposes an obligation on us without our written consent.

15. Your rights as a consumer

15.1 This section applies only if you are a Consumer. Nothing in these Terms affects your legal rights as a consumer. For detailed information about your rights, contact Citizens Advice at citizensadvice.org.uk or on 0808 223 1133.

15.2 Your main legal rights. Under the Consumer Rights Act 2015:

1. services must be performed with reasonable care and skill, and information that we give you about the services, and that you take into account, is binding. If we fail, you can ask us to repeat or fix the service or, if we cannot, you can get some money back;
2. digital content, such as an app or software, must be as described, fit for purpose and of satisfactory quality. If it is faulty, you are entitled to a repair or a replacement or, if that is not possible or does not fix the problem, to some or all of your money back; and
3. where no price or time was agreed, the price must be reasonable and the services must be carried out within a reasonable time.

15.3 Your right to cancel. If you enter into an Engagement or buy a Product from us at a distance, for example online, by email or by phone, you can cancel within 14 days without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

1. for services, the 14 days start on the day after the Engagement is made. If you ask us to start work within those 14 days, you must pay for the services provided up to the time you tell us that you are cancelling, in proportion to the full price. If the services are completed within the 14 days at your request, you can no longer cancel;
2. for digital content that is not supplied on a physical medium, the 14 days start on the day after the contract is made. You lose the right to cancel once the download or streaming of the content has started, if you expressly asked for it to start during the cancellation period and acknowledged that you would lose your right to cancel; and
3. purchases made through an app store or Telegram are cancelled and refunded through that platform, under its own process.

15.4 How to cancel. To cancel, tell us clearly before the cancellation period ends, by email to info@foresty.me or by post to Foresty Ltd, 124 City Road, London EC1V 2NX, United Kingdom. You may use the model cancellation form below, but you do not have to. We will refund any payment due to you within 14 days of the day you tell us that you are cancelling, using the payment method that you used, at no cost to you.

Model cancellation form

To: Foresty Ltd, 124 City Road, London EC1V 2NX, United Kingdom, info@foresty.me

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*] / digital content [*]:

Ordered on [*]:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

[*] Delete as appropriate.

15.5 Ending an Engagement later. After the cancellation period, you can end an Engagement at any time by telling us in writing. You must pay for the work done up to that time and for any costs that we have committed to and cannot recover.

15.6 Complaints. If you are unhappy with our services, email us at info@foresty.me with “Complaint” in the subject line. We will acknowledge your complaint within 5 working days and aim to resolve it within 30 days. If we cannot settle your complaint, we will tell you so in writing, give you the name and website of an alternative dispute resolution provider that could deal with it, and tell you whether we agree to use that provider. You can also go to court (see section 19).

16. Ending an Engagement

16.1 Either of us may end an Engagement immediately by written notice if the other: (a) commits a material breach that it does not remedy within 14 days of a written notice asking it to do so; or (b) becomes insolvent, enters liquidation or administration, makes an arrangement with its creditors, or stops carrying on business.

16.2 We may suspend or end an Engagement immediately by written notice if Fees are more than 14 days overdue, if you breach section 11, or if continuing would break the law or the policy of a Third-Party Platform.

16.3 A Business Customer may end an Engagement for any reason by giving us 14 days’ written notice. The Business Customer must pay for the work done up to the end of the notice period and for any costs that we have committed to.

16.4 When an Engagement ends for any reason:

1. all Fees for work done and costs incurred up to the end date become payable immediately;
2. we will deliver the work completed and paid for, and rights in it pass to you under clause 7.1. Rights in work that has not been paid for do not pass to you;
3. each of us will return or delete the other’s confidential information on request, except where the law requires it to be kept or where it is held in backups until they are overwritten; and
4. the provisions that by their nature are intended to continue, including sections 6, 7, 9, 12, 13, 14 and 19, continue to apply.

17. Changes to these Terms

17.1 We may update these Terms from time to time, for example to reflect changes in the law, in our services or in our business. We will publish the updated Terms at foresty.me/terms/ with a new version number and date, and we will send you earlier versions on request.

17.2 Changes apply to your use of the Online Services from the date of publication, and your continued use after that date means that you accept them. If you have a subscription to a paid Product and a change materially affects you, we will tell you in advance, and you may cancel before the change takes effect.

17.3 An Engagement is governed by the version of these Terms in force when it was made, unless we both agree otherwise in writing.

18. General

18.1 Entire agreement. These Terms and any Engagement are the entire agreement between you and us about their subject matter. Each of us confirms that it has not relied on any statement that is not set out in them. This clause does not limit liability for fraud or the legal rights of Consumers.

18.2 Transfer. We may transfer our rights and obligations under these Terms and any Engagement to another organisation, including in connection with a sale or reorganisation of our business. We will tell you in writing, and if you are a Consumer, the transfer will not affect your rights. You may transfer your rights or obligations only with our written consent.

18.3 Third parties. Except as stated in section 4 and clause 13.7, no one other than you and us has any right to enforce these Terms or an Engagement under the Contracts (Rights of Third Parties) Act 1999.

18.4 Notices. Notices to us must be sent by email to info@foresty.me or by post to our registered office. We may send notices to the email address that you gave us or that you use to communicate with us. An email is treated as received when it is sent, unless the sender receives a message saying that it was not delivered.

18.5 Severability. If a court or another authority decides that any part of these Terms is unlawful or unenforceable, that part is modified to the minimum extent needed to make it enforceable or, if that is not possible, removed. The rest of these Terms remain in force.

18.6 No waiver. If we delay in enforcing, or do not insist on, our rights under these Terms, we can still enforce them later.

18.7 Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.

18.8 Language and interpretation. These Terms are made in English. Any translation is for convenience only. Headings do not affect interpretation, “including” means “including without limitation”, and “in writing” includes email.

19. Governing law and jurisdiction

19.1 These Terms, every Engagement, and any dispute or claim arising out of or in connection with them, including non-contractual disputes and claims, are governed by the law of England and Wales.

19.2 If you are a Business Customer, the courts of England and Wales have exclusive jurisdiction.

19.3 If you are a Consumer, you may bring proceedings in the courts of England and Wales. If you live in Scotland, you may bring them in the courts of Scotland or of England and Wales. If you live in Northern Ireland, you may bring them in the courts of Northern Ireland or of England and Wales. If you live outside the United Kingdom, you also keep the protection of the mandatory consumer laws of the country where you live.

20. Contacting us

For any questions about these Terms or our services, contact us:

• Email: info@foresty.me
• Post: Foresty Ltd, 124 City Road, London EC1V 2NX, United Kingdom

Confirmation. By using the Online Services or entering into an Engagement, you confirm that you have read and understood these Terms and that you agree to them. If you act for a business, you also confirm that you are authorised to bind it.

Annex A – Data Processing Addendum

This Data Processing Addendum (the “DPA”) forms part of these Terms. It applies whenever we process personal data on behalf of a Business Customer in providing Professional Services (“Client Personal Data”). Capitalised terms have the meanings given in these Terms.

A1. Roles. You are the controller of Client Personal Data, or a processor acting for another controller, and we are your processor. If you act for another controller, you confirm that you are authorised to agree to this DPA on its behalf. “Data Protection Laws” means the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and, where they apply, the EU GDPR and other data protection laws. Terms such as “controller”, “processor”, “personal data breach” and “sub-processor” have the meanings given in Data Protection Laws.

A2. Details of processing. The subject matter of the processing is the performance of the Engagement, and its duration is the term of the Engagement plus the deletion period in clause A10. The nature and purpose of the processing are those needed to perform the Professional Services described in the Engagement, such as development, testing, data migration, integration, analytics configuration and support. The personal data and data subjects are those contained in Client Materials or in the systems and accounts that you give us access to. They may include contact details, account and device identifiers, advertising identifiers, usage events, purchase records and support messages relating to your customers, end users and staff. Special category data and data about criminal convictions are excluded (clause 5.8). An Engagement may describe the processing in more detail.

A3. Instructions. We will process Client Personal Data only on your documented instructions, which are these Terms, the Engagement and any other reasonable instructions that you give us in writing, unless UK law requires otherwise. In that case, we will tell you before processing, unless the law prohibits it. We will tell you if we believe that an instruction infringes Data Protection Laws, but we are not obliged to check your instructions for compliance. You are responsible for the lawfulness of your instructions and of Client Personal Data, including having a lawful basis, giving privacy information and obtaining any consent required.

A4. Confidentiality. We will ensure that the people we authorise to process Client Personal Data are bound by appropriate confidentiality obligations.

A5. Security. We will implement appropriate technical and organisational measures to protect Client Personal Data, taking into account the nature of the processing and the risks. These include encryption in transit, access limited to the people who need it, multi-factor authentication for our administrative accounts, least-privilege access to your systems, secure storage of credentials, and prompt removal of access when it is no longer needed.

A6. Sub-processors. You give us general authorisation to engage sub-processors, including the service providers listed in our Privacy Policy and the subcontractors and tools described in clause 5.5. We will tell you by email at least 14 days before a new sub-processor starts to process your Client Personal Data. If you object on reasonable data protection grounds within that period and we cannot resolve your objection, either of us may end the affected Engagement by notice. We will impose on each sub-processor data protection obligations that are no less protective than this DPA, and we remain responsible to you for its performance.

A7. Assistance. Taking into account the nature of the processing and the information available to us, we will assist you in responding to requests from data subjects and in meeting your obligations relating to security, personal data breaches, data protection impact assessments and prior consultation with supervisory authorities. We may charge for this assistance at our usual rates.

A8. Requests from data subjects. If we receive a request from a data subject about Client Personal Data, we will forward it to you without responding to it, unless you have authorised us to respond.

A9. Personal data breaches. We will tell you without undue delay, and in any event within 72 hours, after becoming aware of a personal data breach affecting Client Personal Data. We will give you the information reasonably available to us to help you meet your own obligations. Our notice is not an admission of fault or liability.

A10. Deletion and return. When the Engagement ends, we will, at your choice, return or delete Client Personal Data within 30 days, unless the law requires us to keep it. Copies held in backups are deleted when the backups are overwritten in the normal cycle, and are not used in the meantime.

A11. Audits. We will make available to you the information reasonably necessary to demonstrate our compliance with Article 28 of the UK GDPR. We will allow for and contribute to audits by you, or by an independent auditor that you appoint and who is bound by confidentiality. Audits are limited to one in any 12 months, unless a supervisory authority requires otherwise or a personal data breach has occurred. They require at least 30 days’ written notice, take place during business hours and are at your cost. We will first try to answer an audit request with documents and written answers.

A12. International transfers. We may transfer Client Personal Data outside the United Kingdom only where an appropriate safeguard applies, such as adequacy regulations (including the UK Extension to the EU-US Data Privacy Framework), the International Data Transfer Agreement issued by the Information Commissioner, or the EU Standard Contractual Clauses with the UK Addendum. If you are in the European Economic Area, your transfers to us are covered by the European Commission’s adequacy decision for the United Kingdom. If that decision stops applying, the EU Standard Contractual Clauses (Module Two or, where you act as a processor, Module Three) apply between us, governed by Irish law and subject to the courts of Ireland.

A13. Liability. Our liability under this DPA is subject to section 13 of these Terms. You are responsible for any fines, claims and losses arising from your own breach of Data Protection Laws or of this DPA.