Terms and Conditions

Last updated: July 8, 2026

1. Introduction and Acceptance

Welcome to Forager.ai, LLC ('Company,''we,' 'our,' or 'us'). Please read these Terms and Conditions ('Terms')carefully before accessing or using our website, web-based application, API,any related services, licensing data, or entering into an order form(collectively, the 'Service'). These Terms are a legally binding agreementbetween you ('you,' 'your,' or 'You') and the Company.

You may enter into a binding agreementwith us in one of two ways: (1) by creating an account or signing up on ourwebsite and expressly agreeing to these Terms; or (2) by executing a separateLicense Order Form or License Agreement that references these Terms. Where aLicense Order Form or License Agreement is executed, it governs to the extentof any conflict with these Terms, solely as to its subject matter.

By entering into this agreement, yourepresent that you are at least 18 years of age and legally capable of formingbinding contracts. If you are using the Service on behalf of a legal entity,you represent that you are authorized to act on behalf of, and to bind, thatentity.

Your access to and use of the Service arealso conditioned on your acceptance of and compliance with our Privacy Policy,which describes how we collect, use, and protect personal information. Pleasereview it carefully before using the Service.

2. Definitions

Capitalized terms have the meanings setout below (or where defined elsewhere in these Terms). Definitions applyequally in the singular and plural.

'Account' meansa unique account created by You to access and use the Service or parts of it.

'Affiliate' meansany entity that controls, is controlled by, or is under common control with aparty, where 'control' means ownership of at least 50% of the voting interestsof the entity.

'API' meansthe application programming interface provided by the Company that allows Youto access Licensed Data.

'Bulk' meansthe transfer, resale, or making available of Licensed Data on a multi-record,wholesale, batch, or file basis, as opposed to a single, one-to-one delivery toan individual End User of a single record within the Licensed Data in responseto that End User's discrete request.

'Cache' or 'Caching' means the temporary storage of Licensed Data solely tofulfill and deliver a specific request initiated by an End User, and not forreuse, resale, or response to future queries.

'Company' meansForager.ai, LLC, 4001 N. Ocean Blvd., Suite 402, Gulf Stream, FL 33483.

'Competing Data Product' means any product, dataset, model, or service thatreproduces, reconstructs, or substitutes for the Licensed Data or the Service,or that is marketed as an alternative to either.

'Data License' meansthe limited right granted by Company to You to access and use the Licensed Datastrictly in accordance with these Terms and any applicable License Order Formor License Agreement.

'Datafeed' meansany bulk delivery of Licensed Data (including flat files, batch exports, orother non-API delivery mechanisms) made available by the Company to You.

'Datafeed Record' meansan individual row or record of Licensed Data delivered to You via a Datafeed,whether or not You download, store, ingest, or process it.

'End User' meansany customer, client, or other third party to whom You provide, resell,sublicense, or make available Licensed Data or any output derived from it.

'End User Agreement' means the binding written terms between You and eachEnd User governing that End User's access to and use of Licensed Data orderived output.

'License Order Form' means a document executed by You and the Companyspecifying the scope, term, pricing, delivery method, and usage tier of thedata license or services.

'Licensed Data' meansthe business data, including without limitation phone numbers, email addresses,business profiles, and other contact information, made available by Companythrough the Service, whether via API, Platform, Website, Datafeed, or otherapproved delivery method.

'Person Record' meansa single individual's record within the Licensed Data.

'Platform' meansthe online environment, including the website and related web-based interfaces,through which the Service is provided.

'Privacy Policy' meansthe Company's policy governing the collection, use, and disclosure of personalinformation, available at https://www.forager.ai/privacy-policy.

'Service' hasthe meaning given in Section 1.

'Third-Party Services' means any services, content, or tools provided byexternal entities that may integrate with or be accessible through the Service.

'Website' meansthe Company's website at http://www.forager.ai.

3. License Grant and Scope

Subject to Your compliance with theseTerms and any applicable License Order Form or License Agreement, and to timelypayment of all fees, Company grants You a limited, non-exclusive,non-transferable, non-sublicensable (except as expressly permitted for aStore-to-Resell license), revocable license during the applicable license termto access and use the Licensed Data solely as set forth in the usage tieridentified in the applicable License Order Form or License Agreement. Exceptfor this express license, Company reserves all right, title, and interest inand to the Service and the Licensed Data. No rights are granted by implication,estoppel, or otherwise. The Licensed Data is licensed, not sold.

Unless a License Order Form or LicenseAgreement expressly specifies the Cache-Only or Store-to-Resell usage tier, theInternal Use tier applies by default.

3.1 Internal Use

You may access and use the Licensed Datasolely for Your own internal business operations and not for the benefit of, ordelivery to, any third party. You may not resell, sublicense, distribute, orotherwise make the Licensed Data (or any output derived from it) available toany third party.

3.2 Commercial - Store to Cache Only

You may access and use the Licensed Datato fulfill a single, one-time request initiated by an individual End User. Youmay Cache Licensed Data solely to support delivery to the original requestingEnd User, and may not store Licensed Data for reuse, resale, or to respond tofuture queries. Each new request for substantially similar data must befulfilled by obtaining fresh Licensed Data from Company. You may not engage inany Bulk resale, sublicensing, or redistribution of Licensed Data. You may notprovide Licensed Data to any End User at a per-record price lower than thehighest per-record price then charged by Company under any of its generallyavailable plans.

3.3 Commercial - Store to Resell

You may reproduce, prepare derivativeworks of, distribute, and display the Licensed Data, and may store and retainit during the license term, solely for the purpose of reselling or making itavailable to Your End Users on a one-to-one basis under Your own brand. You maynot (a) resell, sublicense, or distribute Licensed Data in Bulk or on amulti-use or wholesale basis; (b) resell, sublicense, or distribute LicensedData (whether via Datafeed or API) at a per-record price lower than the highestper-record price then charged by Company under any of its generally availableplans; or (c) use Licensed Data to create, train, or populate a Competing DataProduct.

4. License Order Forms and Agreements; Orderof Precedence

The parties may enter into one or moreLicense Order Forms or License Agreements setting forth additional terms,including scope of access, permitted use, usage tier, license term, deliverymethod, pricing, and usage limits. In the event of a conflict between theseTerms and an executed License Order Form or License Agreement, the LicenseOrder Form or License Agreement controls solely with respect to its subjectmatter. You are responsible for all access to and use of the Service andLicensed Data occurring through Your Account or by any person or entity actingon Your behalf, including Your employees, contractors, Affiliates, and serviceproviders.

5. Restrictions on Use

Except as expressly permitted by theapplicable usage tier, these Terms, or an applicable License Order Form orLicense Agreement, You shall not, and shall not permit any third party to:

(a) sell,resell, sublicense, lease, transfer, assign, distribute, disclose, or publishthe Licensed Data;

(b) makeLicensed Data available in Bulk, or use it for any service-bureau, outsourcing,lead-resale, or data-brokerage purpose beyond the permitted tier;

(c) resellor distribute Licensed Data at a per-record price below the highest per-recordprice then charged by Company under any of its generally available plans;

(d) reconstruct,re-identify, or compile a substitute for the Licensed Data, or use it to build,train, or populate a Competing Data Product;

(e) copy,download, export, store, cache, retain, scrape, harvest, or extract theLicensed Data except as strictly necessary for the permitted use during thelicense term;

(f) use theLicensed Data in violation of applicable law, including data-privacy, TCPA,do-not-call, and anti-spam requirements, or for unlawful marketing, fraud,harassment, or discrimination;

(g) reverseengineer, decompile, or attempt to derive the source code or non-public aspectsof the Service;

(h) circumventany technical, contractual, metering, or usage limitation, including asaddressed in Section 7 (No Repurchase); or

(i) exceedthe scope, volume, field of use, geography, or term set in the applicableLicense Order Form or License Agreement.

6. End-User Obligations

Where the applicable usage tier permitsYou to provide Licensed Data to End Users, You shall enter into a bindingwritten End User Agreement with each End User before providing any LicensedData (or output derived from it), and shall ensure each End User Agreement: (a)prohibits the End User from reselling, sublicensing, redistributing, orotherwise transferring the Licensed Data to any further party; (b) prohibitsBulk storage, reconstruction, or compilation of the Licensed Data; (c) requirescompliance with all applicable data-protection and telecommunications laws,including obtaining necessary consents and honoring opt-out and do-not-callrequirements; and (d) names Company as an intended third-party beneficiaryentitled to enforce those provisions. You remain fully responsible and liableto Company for any act or omission of Your End Users that would breach theseTerms if committed by You.

7. No Repurchase; Anti-Circumvention

You shall not, directly or indirectly,purchase, re-acquire, or otherwise obtain Licensed Data (or data derived fromor substantially similar to Licensed Data that originated with Company) fromany End User or other third party for the purpose of, or with the effect of,avoiding per-record metering, pricing, volume limits, or any restriction underthese Terms or an applicable License Order Form or License Agreement. AnyLicensed Data so obtained remains subject to these Terms.

8. Customer Information and Accounts

To license data, You may be required toprovide information including Your name, company name, email address, billingaddress, and payment information. You represent and warrant that allinformation provided is accurate, complete, and current, and You authorize theCompany to process and store it to fulfill the agreement, including paymentprocessing, subject to the Privacy Policy.

You are responsible for safeguarding anycredentials used to access the Service and for all activity under Your Account.You agree not to disclose Your password to any third party and to notify Usimmediately of any breach of security or unauthorized use of Your Account. Youmay not use as a username any name that is unlawful, infringing, or offensive.

9. Payment, Fees, Subscriptions, and Refunds

Payment terms, fees, and billing cyclesare specified at the time of purchase or in the applicable License Order Form.Failure to remit payment when due may result in suspension or termination ofYour access to the Licensed Data. Your payment obligations are not subject toany limitation of liability in these Terms.

Credit-Card Surcharge. If You elect to payby credit card, Company may add a surcharge to recover its cost of credit-cardacceptance, not to exceed the lesser of Company's actual cost of acceptance orthe maximum permitted by applicable law and card-network rules (currently 3%).The surcharge applies only to credit-card payments; no surcharge is applied topayments by ACH, wire, or debit card. The surcharge rate or amount will bedisclosed before Your payment is processed and itemized separately on the applicableinvoice or receipt. Company will not impose a surcharge where prohibited byapplicable law (including in Connecticut, Massachusetts, and Maine) or inexcess of any applicable cap. To avoid the surcharge, You may pay by ACH orwire transfer.

Where the Service is provided on asubscription basis, You will be billed in advance on a recurring, periodicbasis. Unless cancelled, a subscription automatically renews under the sameconditions at the end of each period. The Company may modify subscription feesin its discretion, effective at the end of the then-current period, onreasonable prior notice; Your continued use after the change constitutesacceptance of the modified fee.

Except where required by law, paid feesare non-refundable. Refund requests may be considered case-by-case in theCompany's sole discretion. To request a refund, contact the Company directly.

10. Term, Suspension, and Termination

The Company may suspend or terminate Youraccess to the Service and Licensed Data, in whole or in part, immediately uponwritten notice if: (a) You breach these Terms or any applicable License OrderForm or License Agreement; (b) You fail to pay any fees when due; (c) Your useexceeds the permitted scope; (d) Your use creates legal, regulatory, security,reputational, or operational risk for Company; or (e) Company determines ingood faith that continued provision would be unlawful or commercially impracticable.

For a breach that is capable of cure, thebreaching party shall have thirty (30) days after written notice to cure,except that data-security incidents and unauthorized use, disclosure, ordistribution of Licensed Data must be remedied immediately. The Company mayalso terminate on at least thirty (30) days' written notice if the Company issold, merged, or transfers substantially all of its assets, unless earliertermination is required by law or third-party restrictions.

Upon expiration or termination: (a) allrights granted to You with respect to the applicable Licensed Data and Serviceimmediately cease; (b) You shall immediately stop accessing and using theLicensed Data and Service; (c) You shall promptly delete, destroy, andpermanently erase all copies of the Licensed Data in Your possession orcontrol, including copies held by Your employees, contractors, processors,service providers, and End Users; and (d) upon Company's written request, Youshall certify in writing within ten (10) business days that You have complied.If and solely to the extent required by applicable law, You may retain onearchival copy for legal-compliance purposes only, not used for any businesspurpose and subject to all confidentiality, security, and non-use obligationsherein.

11. Confidentiality

You agree to maintain the confidentialityof all non-public data, materials, and information provided to You by theCompany as part of the Service or the Licensed Data, and not to disclose ormake it available to any third party without the Company's prior writtenconsent, except as required by law or as expressly permitted under theapplicable usage tier. You acknowledge that any breach of this Section willcause the Company irreparable harm; accordingly, the Company is entitled toseek equitable relief to enforce this Section without having to proveirreparable harm or post a bond, in addition to any remedies at law. Thisobligation survives termination or expiration.

12. Compliance with Laws

You agree to use, store, control, andprocess the Licensed Data in full compliance with all applicable laws,regulations, and standards, including: (a) data-privacy laws such as the GDPR(for data concerning individuals in the EU/EEA), the CCPA and similar U.S.state laws, and analogous laws such as Canada's PIPEDA and Brazil's LGPD; (b)telecommunications and marketing laws such as the TCPA, the CAN-SPAM Act, andthe UK's PECR; and (c) industry standards and any other laws relevant to Youruse of the Licensed Data.

You shall not use the Licensed Data in anymanner that violates applicable data-privacy or telecommunications laws,facilitates unlawful discrimination, harassment, or fraud, results inunauthorized sharing or distribution of the Licensed Data, or infringes theintellectual-property or privacy rights of any third party. You are responsiblefor ensuring Your use complies with all legal requirements in the jurisdictionswhere You operate or where data subjects reside, and for implementingappropriate technical and organizational measures to protect the Licensed Data.If You sublicense, sell, or transfer the Licensed Data to a third party aspermitted, You remain responsible to the Company for any use by that thirdparty.

13. Audit

Upon reasonable prior notice and no morethan once per twelve (12) months (or at any time if Company reasonably suspectsa breach), Company may audit Your use of the Licensed Data, includingreasonable access to relevant systems, records, and facilities during regularbusiness hours, to verify compliance - including whether Licensed Data has beenstored, cached, or retained beyond what the applicable usage tier permits. Youshall cooperate fully and promptly remediate any non-compliance identified.

14. Liquidated Damages

The parties acknowledge that unauthorizeduse of the Licensed Data in a manner prohibited by these Terms or an applicableLicense Order Form or License Agreement would cause the Company substantialharm that is difficult or impossible to quantify at the time of breach.Accordingly, as liquidated damages and not as a penalty:

(a) APImobile numbers. For unauthorized retention, storage, resale, or use of LicensedData accessed via the API that includes mobile phone numbers, $1.00 USD permobile phone number accessed via the Company's API during the license term upto the date the breach was discovered, irrespective of whether the Company candemonstrate that each specific number was used in violation;

(b) Emailaddresses. For unauthorized retention, storage, resale, or use of Licensed Datathat includes email addresses, $0.33 USD per email address accessed ordelivered during the license term up to the date the breach was discovered, onthe same basis; and

(c) Datafeed- Bulk resale or redistribution. For any unauthorized Bulk resale,sublicensing, or redistribution of Licensed Data delivered via Datafeed, $0.005USD per Datafeed Record delivered to You during the license term up to the datethe breach was discovered, irrespective of whether the Company can demonstratethat each specific record was resold or redistributed. This subsection istriggered by unauthorized Bulk resale or redistribution of the Datafeed and notby storage or Caching of the Datafeed that is otherwise permitted.

These liquidated damages are in additionto, and not in lieu of, any other rights and remedies of the Company (includinginjunctive or equitable relief and the right to require deletion of theLicensed Data), and shall not be subject to or counted against anylimitation-of-liability cap in these Terms or any License Order Form or LicenseAgreement.

15. Indemnification

You agree to indemnify, defend, and holdharmless the Company, its Affiliates, and their respective officers, directors,employees, and agents from and against any claims, damages, liabilities, costs,and expenses (including reasonable attorneys' fees) arising out of or relatedto Your use or transfer of the Licensed Data, Your breach of any provision ofthese Terms or an applicable License Order Form or License Agreement, Your EndUsers' use of the Licensed Data, and/or Your failure to comply with applicablelaws or regulations. Your indemnification obligations are not subject to anylimitation of liability in these Terms.

16. Disclaimer of Warranties (AS-IS; NoRepresentations)

THE SERVICE AND THE LICENSED DATA AREPROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITH ALL FAULTS AND DEFECTS,AND WITHOUT WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS ORWARRANTIES OF ANY KIND - EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE - ANDEXPRESSLY DISCLAIMS ALL OF THEM TO THE MAXIMUM EXTENT PERMITTED BY LAW,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OFDEALING OR TRADE PRACTICE.

Without limiting the foregoing, theCompany does not represent or warrant that it has any particular right, power,or authority to grant the license beyond what is expressly stated in anexecuted License Order Form or License Agreement, and makes no representationor warranty regarding the accuracy, completeness, currency, reliability, legalbasis for processing, or suitability of the Licensed Data, or Your compliancewith any data-protection, privacy, or telecommunications law. You assume allrisk arising from Your reliance on the Licensed Data.

The Company does not warrant that theService or Licensed Data will meet Your requirements, operate uninterrupted, orbe error-free or secure, and assumes no responsibility for third-party servicesintegrated with the Service. The Company is not liable for any failure or delaycaused by events beyond its reasonable control, including acts of God, naturaldisasters, pandemics, government action, labor disputes, power outages, orcyberattacks. Some jurisdictions do not allow certain warranty exclusions; tothe extent such laws apply, some disclaimers may not apply to You, but alldisclaimers apply to the maximum extent permitted by law.

17. Limitation of Liability

The Company's total aggregate liabilityarising out of or related to these Terms, the Service, or the Licensed Data,whether in contract, tort (including negligence), or otherwise, shall notexceed the total fees paid by You to the Company in the six (6) monthsimmediately preceding the event giving rise to the claim.

Under no circumstances shall the Companyor its Affiliates be liable for indirect, incidental, special, punitive, orconsequential damages, including lost profits, lost revenues, businessinterruption, loss of business opportunities, goodwill, or data, even ifadvised of the possibility of such damages.

The foregoing cap does not apply to, andthe following remain uncapped: Your payment obligations, Your indemnificationobligations, Your breaches of the license scope (Sections 3 through 7) or ofconfidentiality (Section 11), and the liquidated damages in Section 14. Somejurisdictions do not allow certain limitations; to the extent such laws apply,the limitations apply to the maximum extent permitted by law.

18. Intellectual Property; Feedback;Customer Marks

The Service and its original content,features, and functionality are and will remain the exclusive property of theCompany and its licensors, and are protected by copyright, trademark, and otherlaws. Our trademarks and trade dress may not be used without our prior writtenconsent.

You assign to the Company all right,title, and interest in any feedback You provide; if that assignment isineffective, You grant the Company a non-exclusive, perpetual, irrevocable,royalty-free, worldwide license to use and exploit such feedback withoutrestriction.

You grant the Company a non-exclusive,royalty-free, worldwide license to use Your name, logo, and trademarks('Customer Marks') solely to identify You as a customer in Company marketingmaterials, case studies, and its website. You may revoke this permission bywritten notice to contact@forager.ai, after which the Company will usecommercially reasonable efforts to remove the Customer Marks from futurematerials within thirty (30) days.

19. SMS Communications and TCPA Consent

By providing Your mobile phone numberthrough our web forms, accounts, or communications, You expressly consent toreceive marketing, transactional, and informational SMS messages from theCompany. Message frequency may vary; message and data rates may apply; consentis not a condition of purchase; and You may opt out at any time by replying STOP.You must ensure the mobile number provided is accurate and within Your control.Your consent is governed by the TCPA and other applicable laws; see the PrivacyPolicy for details.

20. Third-Party Links and Services

The Service may contain links tothird-party websites or services not owned or controlled by the Company. TheCompany has no control over, and assumes no responsibility for, the content,privacy policies, or practices of any third-party websites or services, andshall not be liable for any damage or loss caused by or in connection withtheir use. We advise You to review the terms and privacy policies of anythird-party sites or services You visit.

21. Governing Law; Dispute Resolution

These Terms, and any dispute or claimarising out of or relating to them, their subject matter, or formation(including non-contractual disputes), are governed by the laws of the State ofCalifornia, without regard to conflict-of-law principles.

Any dispute, controversy, or claim arisingout of or relating to these Terms, the Licensed Data, the Service, or Your useof the Service ('Disputes') shall be resolved exclusively through final andbinding arbitration administered by the American Arbitration Association underits Commercial Arbitration Rules, before a single arbitrator, seated in LosAngeles County, California, and conducted in English - except that either partymay seek injunctive or other equitable relief in a court of competent jurisdictionto prevent the actual or threatened infringement, misappropriation, orviolation of its intellectual-property rights or confidential information.

Class Action Waiver. All Disputes will beresolved on an individual basis and not as part of any class, collective,consolidated, or representative action, and You waive any right to participatein or bring a class action or class arbitration.

Exceptions; Jury Waiver; Venue. Eitherparty may bring qualifying claims in small claims court in Los Angeles County,California, or seek equitable relief to protect intellectual property orconfidential information. To the fullest extent permitted by law, the partieswaive any right to a jury trial. For claims not subject to arbitration, theparties submit to the exclusive jurisdiction of the state and federal courtslocated in Los Angeles County, California.

22. Additional Legal Terms

EU Users. If You are a European Unionconsumer, You benefit from any mandatory provisions of the law of Your countryof residence.

U.S. Federal Government End Users. If Youare a U.S. federal government end user, the Service is a 'Commercial Item' asdefined at 48 C.F.R. 2.101.

U.S. Legal Compliance; Export Control. Yourepresent and warrant that You are not located in an embargoed or 'terroristsupporting' country and are not on any U.S. government list of prohibited orrestricted parties. You acknowledge that the Licensed Data may be subject toU.S. and other export and import control laws, including the ExportAdministration Regulations and OFAC sanctions programs, and You agree to complywith all such laws.

23. General

Severability. If any provision of theseTerms is held unenforceable or invalid, it will be modified to accomplish itsobjectives to the greatest extent possible, and the remaining provisions willremain in full force and effect.

Waiver. A failure to exercise a right orrequire performance does not waive that right or any subsequent breach.

Survival. Sections on Confidentiality,Indemnification, Liquidated Damages, Limitation of Liability, Compliance withLaws, Restrictions on Use, No Repurchase, Governing Law and Dispute Resolution,and any provision that by its nature should survive, survive termination orexpiration.

Entire Agreement. These Terms, togetherwith any applicable License Order Form or License Agreement and the PrivacyPolicy, constitute the entire agreement between You and the Company regardingthe Service and Licensed Data, and supersede all prior or contemporaneousunderstandings.

Assignment. You may not assign or transferthese Terms without the Company's prior written consent; the Company may assignthese Terms in connection with a merger, acquisition, or sale of assets. TheseTerms bind and benefit the parties' permitted successors and assigns.

Translation. If these Terms have beentranslated, the original English text prevails in the case of a dispute.

Changes to These Terms. The Company maymodify or replace these Terms at any time in its sole discretion. If a revisionis material, the Company will make reasonable efforts to provide at leastthirty (30) days' notice before it takes effect. Continued use after revisionsbecome effective constitutes acceptance; if You do not agree, You must stopusing the Service.

24. Contact

Questions about these Terms may bedirected to the Company at contact@forager.ai.

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