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Terms of Service

Legal agreement for our servicesLast updated: January 2025

These Terms of Service ("Terms") govern your use of the Forth Clover Technologies website located at forthclover.tech and our AI consulting services. By accessing our website or engaging our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you disagree with any part of these terms, you may not access our website or use our services.

1. Definitions

"Company" refers to Forth Clover Technologies.
"Services" means AI consulting, development, and related services we provide.
"Client" refers to any individual or entity that engages our Services.
"Deliverables" means any work product, code, documentation, or materials we provide.
"Confidential Information" includes any proprietary or sensitive information shared between parties.

2. Services

2.1 Scope of Services

We provide AI consulting services including but not limited to:

  • AI/ML model development and fine-tuning
  • RAG (Retrieval-Augmented Generation) system implementation
  • AI agent development and deployment
  • Cloud infrastructure setup on AWS
  • Technical consulting and architecture design
  • Proof of concept and pilot development

2.2 Service Delivery

Services will be delivered according to the scope defined in individual project agreements. We maintain the right to use subcontractors and partners to fulfill our service obligations, while remaining fully responsible for the quality of deliverables.

2.3 Client Responsibilities

Clients agree to:

  • Provide timely access to necessary resources and information
  • Respond to requests for feedback within agreed timeframes
  • Ensure appropriate licenses for any third-party software or services
  • Maintain backups of all critical data and systems

3. Intellectual Property Rights

3.1 Ownership of Deliverables

Upon full payment, the Client owns all custom Deliverables created specifically for their project. However, we retain the right to use general methodologies, know-how, and non-client-specific learnings in future projects.

3.2 Pre-existing IP

We retain ownership of any pre-existing intellectual property, including frameworks, tools, and methodologies developed before or outside the scope of client projects. Clients receive a license to use such IP as incorporated in their Deliverables.

3.3 Open Source Components

Deliverables may include open-source software components. Use of such components is subject to their respective licenses, which the Client agrees to comply with.

4. Payment Terms

4.1 Fees

Service fees will be specified in individual project agreements or statements of work.

4.2 Payment Schedule

Unless otherwise agreed, payment terms are Net 30 from invoice date. Late payments may incur interest at 1.5% per month or the maximum rate permitted by law.

4.3 Expenses

Client will reimburse reasonable travel and other expenses pre-approved in writing.

4.4 Taxes

Fees are exclusive of taxes. Client is responsible for all applicable taxes except those based on our net income.

5. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information shared during the engagement. This obligation survives termination of these Terms for a period of five (5) years.

Confidential Information does not include information that:

  • Is or becomes publicly available through no breach by the receiving party
  • Was rightfully known before disclosure
  • Is independently developed without use of Confidential Information
  • Is required to be disclosed by law or court order

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is valid for 30 days from delivery.

6.2 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that Services will be uninterrupted, error-free, or completely secure.

7. Limitation of Liability

LIMITATION OF LIABILITY:

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

8. Indemnification

Each party agrees to indemnify and hold harmless the other party from any claims, damages, losses, and expenses arising from:

Client Indemnifies Us For:

  • • Breach of these Terms
  • • Violation of applicable laws
  • • Use of Deliverables beyond scope
  • • Third-party claims from Client's use

We Indemnify Client For:

  • • Breach of these Terms
  • • Gross negligence or willful misconduct
  • • IP infringement in our Deliverables
  • • Violation of applicable laws

9. Term and Termination

9.1 Term

These Terms commence upon your first use of our Services or website and continue until terminated.

9.2 Termination

Either party may terminate a project agreement upon 30 days written notice. Upon termination, Client shall pay for all Services performed up to the termination date.

9.3 Survival

Provisions regarding intellectual property, confidentiality, warranties, limitation of liability, and indemnification shall survive termination.

10. General Provisions

10.1 Governing Law

These Terms are governed by the laws of California, United States, without regard to conflict of law principles.

10.2 Dispute Resolution

Any disputes shall be resolved through good faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in San Francisco, California.

10.3 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including acts of God, natural disasters, pandemics, or government actions.

10.4 Entire Agreement

These Terms, together with any project agreements, constitute the entire agreement between parties and supersede all prior agreements and understandings.

10.5 Severability

If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.

10.6 Assignment

Client may not assign these Terms without our written consent. We may assign our rights and obligations to any successor or affiliate.

11. Acceptable Use Policy

When using our website or Services, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Transmit malware, viruses, or harmful code
  • Attempt unauthorized access to our systems
  • Interfere with the proper functioning of our Services
  • Use our Services for illegal or unethical purposes

12. Updates to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice on our website at least 30 days before taking effect. Continued use of our Services after changes constitutes acceptance of the modified Terms.

Contact Information

For questions about these Terms of Service or our Services, please contact us:

Forth Clover Technologies
San Francisco, CA

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.