Terms of Service

1. Using the Website

You may browse the Website for information about ForesIQ. Website content, including guides, comparisons and product previews, is provided for general information only. It is not legal, employment or professional advice, and it may change without notice. Comparisons with other products describe those products as their own public pages presented them on the date shown, and may not reflect later changes. Other companies' names, products and trademarks belong to their owners and are used only to identify their products; no affiliation or endorsement is implied. Links to other websites are provided for convenience, and we are not responsible for their content.

You must not misuse the Website, including by attempting to gain unauthorised access, interfering with its operation, or copying its content at scale by automated means.

2. Access and accounts

The Service is provided to organisations for business use. Customer accounts are created by ForesIQ by invitation, and there is no public sign-up. Researchers whose profiles appear in the Service may claim their own profile and hold a researcher account under our Researcher Terms. A researcher account is not a customer account and gives no access to a customer's workspace. The rest of this section is about customer accounts. The Customer is responsible for its users, for keeping credentials confidential, for all activity under its accounts, and for telling us promptly of any unauthorised use. Accounts are personal to each user and may not be shared. When a user's account is removed, the notes, lists and other Customer Content that user created stay with the Customer, shown as written by a former team member, and the Customer's administrators can edit or delete them.

3. Your right to use the Service

Subject to these Terms and payment of the applicable fees, ForesIQ grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right, during the subscription term, to access and use the Service and to use information obtained from it, including exports, for the Customer's internal business purposes of discovering, understanding and professionally contacting research talent (the "Permitted Purpose").

4. Acceptable use

The Customer and its users must not, and must not allow anyone else to:

• use the Service or any output from it as the sole or determinative basis for a decision with legal or similarly significant effects on a person, including any employment, recruitment, promotion or compensation decision, or deploy it as an automated employment decision tool;
• use the Service to discriminate against any person on the basis of a characteristic protected by law, or to infer any person's health, ethnic origin, religion, political opinions, sexual orientation, trade union membership, immigration status or other sensitive characteristic;
• contact researchers in breach of applicable anti-spam, marketing or privacy laws (including Canada's Anti-Spam Legislation, the United States CAN-SPAM Act and European and UK electronic communications rules), or harass, pressure or mislead anyone;
• sell, resell, license, publish, distribute or otherwise make the Service, its data or its outputs available to any third party, or use them to build or enrich a competing product or database;
• scrape, crawl, bulk download or systematically extract data from the Service beyond its standard features and export limits, or circumvent any usage limit or security control;
• use the Service for surveillance, for immigration or law enforcement purposes, or for any purpose that is unlawful, harmful or deceptive;
• reverse engineer, decompile or attempt to derive the methods, models or source of the Service, except where the law expressly permits it;
• test the security of the Service, or interfere with its operation, without our written permission; or
• upload to the Service, or type into its search, any sensitive personal information, or any content that infringes the rights of others.

We may suspend access, with notice where practicable, if we reasonably believe these Terms have been breached or the Service is being used in a way that risks harm to researchers, other customers or ForesIQ.

5. Researcher information and privacy

Researcher profiles contain personal information about real people. When the Customer uses researcher information, the Customer acts as an independent controller of that information and is responsible for its own compliance with applicable privacy and data protection laws. In particular, the Customer must:

• use researcher information only for the Permitted Purpose, and keep it secure and accessible only to people who need it;
• have a lawful basis for its own use of the information, and give researchers any notice the law requires when it contacts them, including telling them where their information came from where the law requires it;
• honour any request from a researcher to stop contact, and delete or correct researcher information when ForesIQ notifies it that a researcher has objected, asked for deletion or corrected their information;
• delete researcher information obtained from the Service when it is no longer needed for the Permitted Purpose, and within 90 days after its subscription ends, except where the law requires it to be kept; and
• comply with ForesIQ's Data Processing Addendum, which forms part of these Terms.

The Service does not give the Customer any email address or private profile link that ForesIQ holds for a researcher.

When a researcher's profile is removed from the Service at the researcher's request, or where the law requires it, notes, list entries and other Customer Content attached to that profile are removed with it. When a profile leaves the ForesIQ dataset for any other reason, the Customer's notes, list entries and other Customer Content attached to it are kept: they move to the researcher's updated profile where the same researcher continues under one, and otherwise stay on the earlier profile, which remains in the Customer's lists marked as no longer in the dataset. How ForesIQ handles personal information is described in our Privacy Policy.

6. Accuracy and how to read ForesIQ

ForesIQ compiles information from public sources that may be incomplete, out of date or wrong, and automated processes can make mistakes. Details that a researcher has stated about themselves are marked "Verified by the researcher". The label says who made the statement. ForesIQ does not check each one, and it can still be wrong. Profiles show evidence labels and dates so that users can judge what supports each detail, and "Not on record" means the information was not supported. The ForesIQ Score, Momentum, Activity and other labels are statistical descriptions of a published research record within a field. They are not statements of fact about a person's ability, character or suitability, they are not guarantees, and they do not forecast how anyone will perform in a role. The same applies to research descriptions written with AI and to career timing labels. A career timing label describes the public record as of the date shown, and does not say whether anyone is looking for a new role.

The Customer is responsible for independently verifying information before relying on it and for all decisions it makes. If you find an error, tell us at pooja@foresiq.com and we will investigate.

7. Fees

Fees, subscription terms and payment terms are set out in the Customer's order form or invoice. Unless stated otherwise, fees are payable in advance, are non-refundable and exclude applicable taxes, which the Customer will pay. We may suspend access if an undisputed invoice remains unpaid 30 days after its due date, after giving notice.

8. Ownership

ForesIQ and its licensors own the Service, the Website and everything in them, including the software, the database and its compilation, profiles, scores, labels, summaries, designs, text and trademarks. No rights are granted except those expressly set out in these Terms. The Customer owns the content it creates in the Service ("Customer Content") and grants ForesIQ the rights needed to host and process it to provide the Service. If you give us feedback, we may use it without obligation to you.

9. Confidentiality

Each party will keep the other's non-public business information confidential, use it only to perform these Terms, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the recipient, already known to it, independently developed, or lawfully received from a third party, or to disclosures required by law.

10. Disclaimers

To the fullest extent permitted by law, the Website and the Service are provided "as is" and "as available". ForesIQ makes no warranty that they will be uninterrupted, error-free, complete or accurate, or fit for any particular purpose, and disclaims all implied warranties and conditions, including of merchantability, fitness for a particular purpose and non-infringement.

11. Limitation of liability

To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, however caused, even if advised of their possibility. ForesIQ's total liability arising out of or relating to these Terms or the Service is limited to the fees the Customer paid to ForesIQ for the Service in the 12 months before the event giving rise to the claim, or 100 Canadian dollars if no fees were paid. These limits do not apply where the law does not allow them to.

12. Indemnity

The Customer will defend, indemnify and hold harmless ForesIQ and its personnel against any claim, loss, liability, fine or expense, including reasonable legal fees, arising from the Customer's or its users' breach of these Terms, misuse of the Service or its outputs, breach of law, or any decision the Customer makes about any person.

13. Suspension and termination

The subscription term is set out in the order form. Either party may end the agreement if the other materially breaches it and does not cure the breach within 30 days of written notice. ForesIQ may suspend or end access immediately where necessary to prevent harm or comply with law. When the agreement ends, the Customer's right to use the Service ends, and the Customer must stop using and delete information obtained from the Service as section 5 requires. Sections that by their nature should survive, including sections 5, 6, 8, 9, 10, 11, 12, 15 and 16, survive termination.

14. Changes

We may improve and change the Service over time. We may update these Terms by posting a new version with a new date; if a change materially reduces the Customer's rights, we will give reasonable advance notice, and the change will apply from the Customer's next renewal unless the Customer agrees otherwise.

15. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of laws rules. The courts of Toronto, Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party submits to that jurisdiction. Before starting proceedings, the parties will try in good faith to resolve any dispute by discussion for at least 30 days, except where urgent relief is needed.

16. General

Neither party may assign these Terms without the other's consent, except that ForesIQ may assign them to a successor in a merger, acquisition or sale of assets. Neither party is responsible for delays caused by events beyond its reasonable control. If any provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. These Terms, together with any order form, the Data Processing Addendum and the Privacy Policy, are the entire agreement between the parties about their subject matter. The Customer will comply with all applicable export control and sanctions laws in using the Service. Notices under these Terms may be given by email, to ForesIQ at pooja@foresiq.com and to the Customer at the email address of its account administrator or the address in its order form.

17. Contact

ForesIQ, Toronto, Ontario, Canada. Questions about these Terms can be sent to pooja@foresiq.com.