Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Forward service operated by Forward, Inc. (“Forward,” “we,” “us,” “our”). By accessing or using the Service, you agree to these Terms on behalf of yourself and any business entity you represent. If you do not agree, do not use the Service.

These Terms include the Privacy Policy, the Acceptable Use Policy referenced in §7, and (where executed) any Order Form, Master Services Agreement (“MSA”), or Data Processing Addendum (“DPA”) signed by you and Forward. Capitalized terms not defined inline have the meanings given in §28.

1. Acceptance and eligibility

You may use the Service only if you are at least 18 years old and have the legal authority to enter into a binding contract. If you are using the Service on behalf of a business entity, you represent that you are an authorized representative of that entity with the power to bind it to these Terms, and “Customer” refers to that entity.

2. Service description

Forward operates a software-as-a-service platform (the “Service”) that enables construction field workers to text a designated phone number and receive source-linked replies generated by an artificial-intelligence orchestration layer that retrieves project information from connected systems including Procore and Autodesk Construction Cloud. The Service includes a web dashboard at app.getforward.xyz, the messaging gateway, an approval queue for AI-generated drafts, audit logging, and related features Forward may add.

Forward is not affiliated with, endorsed by, or sponsored by Procore Technologies, Inc., Autodesk, Inc., or any other third-party platform we integrate with. Trademarks of those companies appear under their respective owners.

3. Account and field-user enrollment

3.1 Customer responsibility for accounts

Customer is responsible for (a) maintaining the confidentiality of all credentials issued to Customer or its end users; (b) all activity that occurs under Customer’s account; (c) authorizing each individual whose phone number is enrolled as a field user, and ensuring such individual has consented to receive messages from the Service; (d) the accuracy of all information Customer or its end users provide; and (e) prompt notification to Forward of any unauthorized use of any account.

3.2 Field-user enrollment and consent

Customer represents and warrants that, prior to enrolling any individual’s phone number with the Service, Customer has obtained all consents required by applicable law (including without limitation the federal Telephone Consumer Protection Act of 1991, 47 U.S.C. §227 and its implementing regulations, and analogous state laws) for that individual to receive SMS / MMS messages sent by Forward on Customer’s behalf.

3.3 No unsolicited messaging

Customer will not use the Service to send marketing, promotional, political, or other non-transactional messages unless Customer has documented express prior consent from each recipient. Forward may suspend the account of any Customer that materially breaches this section.

4. Customer Data and license

As between Customer and Forward, Customer owns all right, title, and interest in and to Customer Data — including the content of messages submitted to the Service, photos uploaded by field users, drafts generated and approved through the approval queue, and any data retrieved from Customer’s connected Procore, Autodesk, or other third-party accounts.

Customer grants Forward a limited, non-exclusive, non-transferable (except in connection with a permitted assignment), royalty-free, worldwide license to host, copy, transmit, display, and process Customer Data solely as necessary to provide and improve the Service for Customer, to comply with law, and to enforce these Terms.

4.1 No model training

Forward will not use Customer Data to train, fine-tune, evaluate, or benchmark any general-purpose machine-learning model owned or developed by Forward. Forward’s subprocessors process Customer Data on Forward’s behalf as service providers under contracts that prohibit them from using Customer Data to train their general-purpose models.

4.2 Aggregated, de-identified data

Forward may compile, use, and disclose aggregated, de-identified data derived from Customer Data and Service usage (such as latency distributions, error rates, message volumes, and feature-use counts) to operate, secure, maintain, and improve the Service, provided such data does not identify Customer, Customer’s end users, or any Customer-confidential project content.

5. Forward intellectual property

Forward and its licensors own all right, title, and interest in and to the Service, the underlying software, models we develop, the dashboard UI, the Forward brand and trademarks (including the Forward chevron mark and wordmark), and any improvements, modifications, derivative works, and feedback related to the foregoing. Subject to these Terms, Forward grants Customer a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Service during the subscription term solely for Customer’s internal business purposes.

6. Feedback

If you submit suggestions, ideas, or feedback about the Service, you grant Forward a worldwide, perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you, including incorporating it into the Service.

7. Acceptable Use Policy

You will not, and will not permit any end user to:

• access or use the Service in violation of any applicable law or regulation;
• scrape, crawl, or extract data from the Service in bulk except through APIs Forward expressly authorizes;
• reverse engineer, decompile, disassemble, or attempt to extract the source code, model weights, training data, or trade secrets of the Service;
• use the Service to develop, train, evaluate, or benchmark any AI model intended to compete with Forward or its subprocessors’ AI offerings;
• publish performance benchmarks of the Service without Forward’s prior written consent;
• conduct prompt-injection, jailbreak, or other adversarial attacks on the AI components of the Service except under a written authorization from Forward (such as a coordinated disclosure agreement);
• upload, transmit, or otherwise submit to the Service any (i) Controlled Unclassified Information (CUI), (ii) data subject to ITAR, EAR, FedRAMP, CMMC, NIST SP 800-171, DFARS 252.204-7012, or other federal information-handling obligations, (iii) classified information, (iv) Protected Health Information as defined under HIPAA, or (v) child sexual-abuse material, weapons-of-mass-destruction information, malware, or other unlawful content;
• resell, sublicense, lease, or otherwise commercially exploit the Service except with Forward’s prior written consent;
• impersonate any person or entity, or misrepresent your affiliation;
• interfere with or disrupt the Service or its underlying infrastructure;
• use the Service to send unsolicited commercial messages in violation of §3.3 above.

Forward may suspend or terminate access for any Customer or end user that materially breaches this Acceptable Use Policy. Forward may update this Policy from time to time; the current version is incorporated by reference into these Terms.

8. Third-party services

The Service integrates with third-party services, including Procore, Autodesk Construction Cloud, mobile carriers, the SendBlue messaging gateway, and the Anthropic large-language-model inference API. Customer’s use of those third-party services is governed by the third party’s own terms and privacy practices. Forward does not warrant the availability, accuracy, security, or continued operation of third-party services and is not liable for outages, deprecations, or changes to third-party APIs that affect the Service.

9. AI-generated outputs

9.1 The Service uses artificial intelligence to retrieve information from connected systems, generate draft text (including draft RFIs, observations, and replies), and surface contextual references. AI-generated outputs are PROBABILISTIC, MAY BE INCOMPLETE, OUT OF DATE, OR FACTUALLY INCORRECT, AND MAY CONTAIN HALLUCINATED CITATIONS, MISIDENTIFIED EQUIPMENT, MISREAD DRAWINGS, OR INCORRECT CODE INTERPRETATIONS, EVEN WHEN THEY APPEAR AUTHORITATIVE.

9.2 CUSTOMER ACKNOWLEDGES AND AGREES THAT (a) AI-GENERATED OUTPUTS ARE ADVISORY ONLY; (b) CUSTOMER WILL NOT RELY ON AI-GENERATED OUTPUTS AS A SOLE SOURCE OF TRUTH OR AS A SUBSTITUTE FOR LICENSED PROFESSIONAL JUDGMENT; (c) A QUALIFIED HUMAN — INCLUDING WHERE APPLICABLE A LICENSED ARCHITECT, ENGINEER OF RECORD, CODE OFFICIAL, BUILDING INSPECTOR, OSHA-DESIGNATED COMPETENT PERSON, SITE SAFETY MANAGER, OR OTHER LICENSED OR DESIGNATED PROFESSIONAL — MUST REVIEW AND APPROVE ANY AI-GENERATED OUTPUT BEFORE IT IS RELIED UPON FOR ANY DECISION CONCERNING:

• (i) STRUCTURAL ENGINEERING OR DESIGN;
• (ii) BUILDING-CODE COMPLIANCE OR INTERPRETATION;
• (iii) LIFE SAFETY, FALL PROTECTION, FIRE PROTECTION, OR HAZARDOUS-MATERIALS HANDLING;
• (iv) AUTHORIZATION TO PROCEED WITH WORK INVOLVING IMMINENT-DANGER CONDITIONS;
• (v) APPROVAL OF SUBSTITUTIONS, DEVIATIONS, OR FIELD CHANGES TO ENGINEERED DESIGN;
• (vi) CONTRACT INTERPRETATION, CHANGE-ORDER VALUATION, OR PAYMENT DETERMINATIONS;
• (vii) ANY DECISION THAT WOULD ORDINARILY REQUIRE THE STAMP, SEAL, OR SIGNATURE OF A LICENSED PROFESSIONAL; OR
• (viii) ANY DECISION GOVERNED BY OSHA, A STATE OSHA-PLAN, A LOCAL CODE, OR APPLICABLE STANDARDS OF PRACTICE.

9.3 THE SERVICE IS DESIGNED TO ASSIST FIELD WORKERS, PROJECT MANAGERS, AND OTHER PROJECT PERSONNEL — IT IS NOT DESIGNED TO REPLACE THEM. CUSTOMER REMAINS SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, AND PROCEDURES, AND FOR THE SAFETY OF ALL PERSONS AT ITS PROJECT SITES.

9.4 Customer further agrees that: (i) where the Service generates a draft RFI, observation, or other communication, Customer will require human review and approval through the dashboard approval queue before any draft is posted to a system of record or relied upon by a third party; (ii) Customer will inform its field-user employees and contractors that they are interacting with an AI-powered service; (iii) Customer will not rely on responses received via SMS as documentation of design intent, design changes, or contract interpretations; and (iv) Customer’s licensed Engineer of Record, Architect of Record, competent person, and site safety manager remain the decision-maker for all matters reserved to them by law, contract, or professional standard of practice.

10. Privacy and security

Forward’s collection, use, and disclosure of Personal Information is described in the Privacy Policy, which is incorporated into these Terms. For Personal Information processed by Forward on Customer’s behalf, Forward and Customer will execute a Data Processing Addendum on Customer’s reasonable request. The DPA, when executed, prevails over these Terms with respect to processing of Personal Information.

11. Fees and billing

11.1 Subscription fees

Customer will pay the fees applicable to Customer’s plan (Pilot, Pro, or Enterprise) and any quantities or overage charges as set forth on the pricing page or in any Order Form executed between the parties.

11.2 Payment terms

Self-serve subscriptions are billed in advance, monthly or annually. Enterprise subscriptions are invoiced under terms set forth in the Order Form (typically net 30). Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

11.3 Taxes

Fees are exclusive of all taxes, duties, levies, and similar governmental charges. Customer is responsible for all such charges other than taxes based on Forward’s net income.

11.4 No refunds; price changes

Except as expressly provided in these Terms or required by law, fees are non-refundable. Forward may change subscription pricing on at least 30 days’ prior notice; the new pricing applies to the next renewal term.

12. Term and termination

12.1 Term

These Terms apply for the duration of Customer’s access to or use of the Service. Self-serve subscriptions auto-renew for successive terms of the same length unless either party cancels at least 30 days before the end of the then-current term. Enterprise subscriptions renew per the Order Form.

12.2 Termination for cause

Either party may terminate for material breach upon 30 days’ prior written notice if the other party fails to cure within that period. Forward may terminate or suspend access immediately upon notice for: (a) Customer’s failure to pay any undisputed invoice within 30 days of the due date; (b) Customer’s material breach of the Acceptable Use Policy or §3.2 (TCPA / consent); (c) a security incident that requires immediate suspension to protect the Service or other customers; or (d) suspected fraudulent activity.

12.3 Effect of termination

Upon termination, Customer’s right to access the Service ends. Customer may export Customer Data through the dashboard or API for up to 30 days post-termination. After 30 days, Forward will delete or de-identify Customer Data within 90 days, except as required by law, Customer’s elected retention period in the DPA, or audit-log retention as described in the Privacy Policy.

13. Confidentiality

Each party (the “Receiving Party”) will treat non-public, proprietary, or sensitive information disclosed by the other party (the “Disclosing Party”) and identified or reasonably understood to be confidential (“Confidential Information”) with at least the same degree of care it uses to protect its own information of like sensitivity, but no less than a reasonable degree of care. The Receiving Party will use Confidential Information only to perform its obligations or exercise its rights under these Terms and will not disclose it except to its employees, contractors, advisors, and affiliates with a need to know who are bound by confidentiality obligations no less protective than these. These obligations apply for three (3) years following termination, except that obligations with respect to trade secrets continue for so long as the information remains a trade secret. Standard exclusions apply (information that is or becomes public through no fault of the Receiving Party; was rightfully known prior to disclosure; was rightfully received from a third party without restriction; or was independently developed without use of the Confidential Information). Disclosures required by law or court order are permitted with prompt notice and reasonable cooperation in any protective effort.

14. Warranties

14.1 Mutual. Each party represents and warrants that it has full power and authority to enter into and perform these Terms.

14.2 Forward. Forward warrants that, during the subscription term, the Service will perform materially in accordance with the Documentation. Customer’s exclusive remedy for breach of this warranty is, at Forward’s option, repair, replacement, or a pro rata refund of fees prepaid for the affected portion of the Service.

14.3 Customer. Customer represents and warrants that (a) Customer has lawfully collected, and has all necessary rights and consents to submit, all Customer Data and that submission to the Service will not violate any law or third-party right; (b) Customer has obtained all required consents under the Telephone Consumer Protection Act and analogous state laws for each phone number enrolled with the Service; (c) Customer’s use of the Service complies with all applicable laws, including biometric privacy laws where photographs uploaded to the Service may capture identifiable individuals; and (d) Customer will not submit any data prohibited under §10.3 of the Privacy Policy or §7 of these Terms.

15. Disclaimer of warranties

EXCEPT FOR THE LIMITED WARRANTIES IN §14, THE SERVICE AND ALL AI-GENERATED OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. FORWARD AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR UNINTERRUPTED OR ERROR-FREE OPERATION. FORWARD DOES NOT WARRANT THAT AI-GENERATED OUTPUTS ARE FACTUALLY ACCURATE, COMPLETE, CURRENT, FREE FROM HALLUCINATION, OR FIT FOR ANY PARTICULAR USE, AND SPECIFICALLY DOES NOT WARRANT THE ACCURACY OR APPROPRIATENESS OF AI-GENERATED OUTPUTS FOR ANY DECISION DESCRIBED IN §9.2(i)–(viii).

16. Limitation of liability

16.1 EXCEPT FOR EXCLUDED CLAIMS BELOW, IN NO EVENT WILL EITHER PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (a) FIFTY THOUSAND U.S. DOLLARS (US$50,000) OR (b) THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO FORWARD UNDER THESE TERMS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

16.2 IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.3 Excluded claims. The cap in §16.1 does not apply to: (a) either party’s gross negligence, willful misconduct, or fraud; (b) Forward’s indemnification obligations under §17.1; (c) Customer’s payment obligations; or (d) Customer’s breach of §5 (IP), §7 (Acceptable Use), or §9.4 (AI human-in-the-loop commitments).

16.4 Super-cap. Each party’s liability for breach of confidentiality obligations under §13 and Forward’s liability for an unremedied data-breach incident affecting Customer Data are capped at two times (2×) the total fees paid or payable by Customer under these Terms during the twelve (12) months preceding the event.

16.5 New York gross-negligence carve-out. Nothing in this section is intended to limit either party’s liability to the extent prohibited by the law of any jurisdiction whose courts retain jurisdiction over the parties (including New York’s public policy against caps on liability for gross negligence and willful misconduct).

17. Indemnification

17.1 By Forward. Forward will defend Customer against any third-party claim alleging that Customer’s authorized use of the Service in accordance with these Terms infringes a U.S. copyright or U.S. patent (an “IP Claim”) and will pay damages and reasonable attorneys’ fees finally awarded by a court of competent jurisdiction or paid in settlement that Forward approves. Forward’s obligations do not apply to claims arising from (a) Customer Data, (b) Customer’s combination of the Service with products, services, or processes not provided by Forward, (c) Customer’s modifications to the Service, or (d) Customer’s use of the Service outside the scope authorized by these Terms. If an IP Claim is made or appears likely, Forward may, at its option, (i) modify the Service so it is non-infringing, (ii) procure for Customer the right to continue using the Service, or (iii) terminate the affected portion of the Service and refund any prepaid unused fees.

17.2 By Customer. Customer will defend, indemnify, and hold harmless Forward, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claim arising out of or relating to (a) Customer Data, (b) Customer’s violation of law (including without limitation the TCPA, biometric privacy laws, OSHA standards, and any federal-information-handling regime including CUI / ITAR / FedRAMP / CMMC), (c) Customer’s breach of these Terms (including the Acceptable Use Policy and §9.4), or (d) any decision made by Customer or its end users in reliance on AI-generated output in violation of §9.2.

17.3 Procedure. The indemnified party will (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control of the defense and any settlement (provided that no settlement requires admission of liability or non-monetary obligation by the indemnified party without its prior written consent), and (c) reasonably cooperate at the indemnifying party’s expense.

18. Insurance

Forward maintains commercially reasonable insurance coverage appropriate to its business. For Enterprise subscriptions, specific coverage limits are addressed in the applicable Order Form or MSA, and Forward will provide a Certificate of Insurance evidencing coverage upon Customer’s reasonable request. Self-serve Customers may request the Certificate of Insurance schedule then in effect by contacting legal@getforward.xyz.

19. Force majeure

Neither party is liable for any failure or delay in performance (other than Customer’s payment obligations) resulting from causes beyond its reasonable control, including without limitation acts of God, war, terrorism, civil unrest, pandemic, government action, internet or telecommunications outages, upstream cloud-provider outages (including Render, Vercel, Amazon Web Services, and the Anthropic API), mobile-carrier outages affecting SMS / MMS delivery, third-party software defects or security-vendor errors, cyberattacks against Forward’s service providers, strikes, and supply-chain failures.

20. Governing law and arbitration

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The parties agree that any dispute arising out of or relating to these Terms or the Service that cannot be resolved through good-faith discussions between the parties’ designated representatives within 30 days will be finally resolved by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, conducted in New Castle County, Delaware (or remotely by agreement). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Carve-out for IP and injunctive relief. Notwithstanding the arbitration commitment, either party may seek injunctive or other equitable relief in the state or federal courts located in New Castle County, Delaware, in connection with any actual or threatened violation of intellectual-property rights, confidentiality obligations, or the Acceptable Use Policy. Each party submits to the exclusive jurisdiction of those courts for that limited purpose.

21. Class-action waiver

EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

22. Notices

Notices to Forward must be sent to legal@getforward.xyz, with a copy delivered to any postal address provided by Forward in writing for legal-process service. Notices to Customer will be sent to the primary administrator email on file, with electronic delivery sufficient.

23. Modifications

For self-serve plans, Forward may modify these Terms by posting the updated Terms on its website and emailing the primary administrator at least 30 days before the changes take effect. Continued use of the Service after the effective date of changes constitutes acceptance. For Enterprise customers under a signed Order Form or MSA, no modification of the negotiated terms takes effect without mutual written agreement.

24. Export controls

Customer represents that it is not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to a U.S. government embargo, and is not on any U.S. government list of prohibited or restricted parties. Customer will not use the Service in connection with any prohibited end use under U.S. export-control regulations (including without limitation nuclear, missile, chemical, or biological-weapons end uses).

25. Beta features

Forward may make beta, preview, or experimental features available to Customer (“Beta Features”). Beta Features are provided “as is” and “as available,” without warranty of any kind, and Forward may modify or discontinue them at any time. Forward’s total liability arising out of or relating to Beta Features is capped at one thousand U.S. dollars (US$1,000), notwithstanding §16.

26. SMS / messaging compliance

The messaging Service uses A2P 10DLC (application-to-person, 10-digit long-code) text messaging registered through carrier-approved registration channels. Mobile carriers, the Cellular Telecommunications Industry Association (CTIA), and the Telecommunications Industry Association have published consumer best-practice guidelines for business messaging; Forward will operate the Service consistent with those guidelines. Customer is responsible for the lawfulness of messages sent at Customer’s instruction (including TCPA consent and STOP-keyword compliance). Forward will process opt-out keywords (STOP, UNSUBSCRIBE, CANCEL, END, QUIT) immediately upon receipt and will not deliver further messages to a number that has opted out.

27. Construction risk; Customer responsibility for safety

Customer acknowledges that construction work involves inherent risks of bodily injury, death, property damage, and economic loss, and that these risks are managed by Customer through OSHA-compliant programs, designated competent persons, licensed design professionals (including any Architect of Record and Engineer of Record), site safety personnel, and qualified subcontractors. Forward is a software service that assists Customer’s personnel in retrieving project information and drafting communications.

Forward does not perform engineering services, design services, code-compliance review, structural analysis, hazard assessment, safety-program development, or any other licensed professional service, and the Service is not a substitute for any of the foregoing.

Customer is solely responsible for: (a) all construction means, methods, techniques, sequences, and procedures; (b) the safety of all persons on its project sites and the protection of all property; (c) compliance with OSHA, state OSHA-plan, local building, fire, life- safety, and environmental codes and standards; (d) all engineering, design, and code-interpretation decisions; and (e) ensuring that any AI-generated output is reviewed and approved by a qualified person prior to reliance.

Customer agrees that no response from the Service — whether by SMS, in the dashboard, or otherwise — constitutes authorization to perform work, an engineering determination, a safety determination, or professional advice of any kind.

28. Definitions, survival, miscellaneous

28.1 Definitions

Capitalized terms not defined inline have the meanings given below.

• Customer Data — data submitted to the Service by Customer or its end users, and data Forward retrieves from Customer’s connected third-party systems on Customer’s authorization.
• Documentation — the user-facing documentation Forward publishes for the Service, as updated from time to time.
• Order Form — a written ordering document executed by Forward and Customer that incorporates these Terms.
• Personal Information — as defined in the Privacy Policy.

28.2 Survival

The provisions of §4 (Customer Data & license, only with respect to ownership and the no-training commitment), §5 (IP), §6 (Feedback), §13 (Confidentiality), §14.3 (Customer warranties), §15 (Disclaimer), §16 (Limitation of Liability), §17 (Indemnification), §20 (Governing Law), §21 (Class Waiver), §22 (Notices), §27 (Construction Risk), and §28 (Definitions, Misc.) survive termination.

28.3 Order of precedence

In the event of conflict between documents, the order of precedence is: (1) signed Order Form, (2) signed MSA, (3) signed DPA (with respect to processing of Personal Information), (4) these Terms, (5) the Acceptable Use Policy, (6) the Privacy Policy.

28.4 Independent contractors; no agency

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.

28.5 Assignment

Customer may not assign or transfer these Terms or any rights or obligations hereunder without Forward’s prior written consent, except to a successor in connection with a merger, acquisition, or sale of all or substantially all of Customer’s assets (provided the successor is not a competitor of Forward). Forward may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of its assets. Any non-permitted assignment is void.

28.6 Severability

If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

28.7 No third-party beneficiaries

These Terms do not confer any benefit on, or provide any cause of action to, any third party.

28.8 Entire agreement

These Terms, together with the Privacy Policy, the Acceptable Use Policy, any Order Form, MSA, and DPA between the parties, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous understandings.

Effective date: April 24, 2026. For questions about these Terms, contact legal@getforward.xyz.