Terms of service

These terms apply to all contracts for the use of the Foreqast application between the operator and its customers, and to the use of this website.

Foreqast is aimed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB) — natural or legal persons acting in the exercise of their trade or self-employed professional activity when the contract is concluded. Contracts with consumers within the meaning of Section 13 BGB are not offered.

Differing or additional terms of the customer do not become part of the contract unless we expressly agree to them in text form.

The contracting party is the operator named in the imprint.

Foreqast is a web-based application that reads accounting and operational data from connected systems and produces cash-flow, profit and scenario forecasts from it. Forecasts are calculated models based on the data provided.

Foreqast does not provide tax, legal or investment advice. Its output replaces neither tax nor business advice, and any decision taken on the basis of it remains the customer's own responsibility.

The feature set depends on the plan booked. Plans differ in forecast horizon — Starter 6 months, Growth 12 months, Scale 24 months — and in the extent of the scenario and simulation features. The description shown on the pricing page at the time of ordering is authoritative.

We develop Foreqast continuously and may adjust the feature set as long as the contractually owed purpose of the service is preserved. We will announce any material reduction of the booked feature set at least six weeks in advance in text form; in that case the customer may terminate the contract with effect from the date the change takes effect.

The availability of integrations with third-party providers (such as Shopify) depends on their interfaces. If a third-party provider discontinues or changes its interface, the integration concerned may cease to be available; this does not constitute a defect in the remaining service.

Creating a user account establishes a contract, free of charge, for the feature set enabled at the time. The presentation of plans on the pricing page is not a binding offer but an invitation to make one.

For as long as early access runs, every plan is free of charge and no payment method is stored. A paid contract only comes into existence once the customer expressly orders a paid plan after early access ends and we confirm the order in text form or enable the plan. We will announce the end of early access at least six weeks in advance in text form; no payment obligation arises without an express order.

The prices shown on the pricing page at the time of ordering apply.

All prices are net and subject to statutory VAT at the applicable rate. Plans are billed monthly in advance; the fee falls due upon invoicing. Billing is handled by the payment service provider named on the order page.

Statutory provisions apply in the event of late payment. After prior notice in text form and the expiry of a reasonable grace period, we may suspend access until the outstanding amount is settled. The customer's data is retained during any such suspension.

We announce price changes at least six weeks before they take effect, in text form. If the customer does not object or terminate by the effective date, the new price is deemed accepted; we draw attention to this consequence separately in the announcement.

The free-of-charge contract runs for an indefinite period and may be ended by either party at any time without notice. The customer ends it by deleting their user account in the settings.

Paid plans are booked monthly and renew for a further month unless terminated by the end of the current billing month. There is no minimum term. Termination is possible in text form or through the account settings.

The right of either party to terminate for cause remains unaffected. Cause exists for us in particular where the customer materially breaches the obligations in clause 8 despite a warning.

Before the contract ends the customer can save all data using the export function. After termination we delete the data within 30 days; it disappears from backups as the backup window expires.

We operate Foreqast with due commercial care and aim for the highest availability we can achieve. No specific availability percentage is currently promised: we do not measure one, and a commitment we cannot verify would be worthless. Any future service level will be agreed separately.

Where possible we carry out maintenance outside normal business hours and announce foreseeable interruptions in good time. Periods during which the application is unavailable for reasons outside our control — such as faults at infrastructure or integration providers, or force majeure — are outside our responsibility.

We answer support requests within a reasonable time during normal business hours, via the contact address given below. No fixed response times are agreed.

Access credentials must be kept confidential. The customer is responsible for ensuring that the data fed into Foreqast may lawfully be transferred.

In addition, the customer undertakes:

• not to share access credentials with third parties; every person using the application needs their own user account.
• not to query the application automatically beyond the scope of ordinary use, and not to take any action that impairs its operation.
• not to upload unlawful content and, in particular, not to enter special categories of personal data within the meaning of Art. 9 GDPR — such as health data — into free-text fields.
• to back up their own data regularly using the export function, to the extent it is needed for their own bookkeeping.

How personal data is processed is set out in the privacy policy.

Where the customer processes third-party personal data in Foreqast — such as employees' salary and working-time data, or business partners' names — the customer is the controller and we are the processor. We conclude an Art. 28 GDPR data processing agreement for that purpose; it is available from the contact address given below.

The data processing agreement takes precedence over these terms in respect of the processing of personal data on the customer's behalf.

Statutory provisions on the provision of use (Sections 535 et seq. BGB) apply to warranty, unless otherwise stated below. Strict liability for defects existing at the outset under Section 536a (1) alt. 1 BGB is excluded.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee given.

In cases of ordinary negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In that case liability is limited to the foreseeable damage typical of this type of contract. There is no further liability for ordinary negligence.

Foreqast produces forecasts from the data provided. We accept no liability for the accuracy, completeness or currency of data the customer uploads or obtains through integrations, nor for business decisions taken on the basis of the forecasts. A forecast is a model, not a warranted outcome.

We are liable for loss of data only to the extent that the loss would also have occurred had the customer carried out proper and regular backups. An export function is available at all times for that purpose.

The above limitations of liability also apply for the benefit of our legal representatives and vicarious agents.

All rights in the application, its software, design and documentation remain with us. For the term of the contract the customer receives a non-exclusive, non-transferable right to use the application within the contractually agreed scope.

All data the customer uploads or obtains through integrations remains attributed to the customer. We acquire no rights in it beyond what is necessary to provide the service.

We do not analyse customer data for our own purposes, do not pass it on, and in particular do not use it — not even in anonymised or aggregated form — to train AI models. Any change to this would require separate, express consent.

We may amend these terms where necessary to reflect changes in law, case law or developments in the application, provided the customer is not unreasonably disadvantaged. We announce amendments at least six weeks before they take effect, in text form.

If the customer does not object in text form before the amendments take effect, they are deemed accepted; we draw attention to this consequence and to the right to object separately in the announcement. If the customer objects, either party may terminate the contract with effect from the date the amendments take effect.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Where the customer is a merchant (Kaufmann), a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Stralsund, Germany. Otherwise the statutory places of jurisdiction apply.

Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected.

Questions about these terms: patrick@foreqast.app