Terms of Service
Effective: June 4, 2026
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between Fortynine and a Half Labs, LLC ("Company," "we," "us," or "our") and the individual or entity accessing or using the FORESCORE platform, API, and related services (collectively, the "Service"). By accessing or using the Service, requesting an API key, or clicking "I agree," you ("Customer," "you," or "your") agree to be bound by these Terms.
If you are entering into these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and references to "you" include that organization.
If you do not agree to these Terms, you must not access or use the Service.
2. The Service
2.1 Description
FORESCORE provides a REST API and associated data products that deliver probabilistic power outage risk scores, current outage status information, and historical outage data for counties and ZIP codes across covered U.S. states. Data is derived from publicly available federal datasets, government weather alert feeds, and third-party utility sources.
2.2 Nature of Predictions
Risk scores and predictions generated by the Service are probabilistic estimates based on historical patterns and current conditions. They are not guarantees or certainties. Actual outage occurrence or non-occurrence may differ materially from any prediction. The Company makes no representation that any predicted event will or will not occur.
2.3 Data Sources
The Service incorporates data from third-party sources including federal government databases and public weather services. We make no representations regarding the accuracy, completeness, timeliness, or fitness for any purpose of such underlying data. The Company is not responsible for errors, delays, or omissions in third-party source data.
2.4 Coverage
The Service is currently available for a limited set of U.S. states. Coverage areas may change at any time. We do not guarantee coverage for any specific state, county, or ZIP code now or in the future.
3. API Access and API Keys
3.1 Access
Access to authenticated API endpoints requires an API key issued by the Company. API keys are issued at our sole discretion. We reserve the right to refuse API access to any person or entity for any reason.
3.2 Key Security
You are solely responsible for maintaining the confidentiality and security of your API key. You must not share your API key with third parties, embed it in publicly accessible client-side code, or publish it in any public repository or forum. Any use of the Service with your API key is your responsibility, whether authorized by you or not. If you suspect your key has been compromised, you must notify us immediately at [email protected] and request a replacement.
3.3 Rate Limits and Usage
Your API key is subject to rate limits, daily or monthly query quotas, and geographic coverage limits based on your subscription plan. Exceeding these limits may result in request throttling or temporary suspension of API access. The Company reserves the right to modify these limits at any time with reasonable notice.
3.4 Free and Sandbox Access
Any free, trial, or "sandbox" tier is provided solely for evaluation, integration testing, and development. It is limited to a single geographic state and a small number of requests per day, requires email verification, carries no service-level commitment, and may be modified, suspended, or discontinued at any time without notice. Free-tier access may not be used for production or commercial purposes, and you may not create or maintain multiple accounts or API keys to obtain access beyond the free-tier limits.
4. Acceptable Use
You agree that you will not use the Service to:
- Violate any applicable federal, state, local, or international law or regulation
- Make decisions that could endanger human life or safety without independent verification from qualified professionals and official sources
- Resell, sublicense, or redistribute the Service or its output to third parties without our express written consent
- Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying models of the Service
- Attempt to circumvent rate limits, access controls, or authentication mechanisms
- Create multiple accounts, register under multiple email addresses, or otherwise act to obtain access beyond the limits of your plan, including the free or sandbox tier
- Systematically download, cache, or aggregate the Service's output in order to reconstruct, recreate, or substitute for the Company's underlying dataset
- Introduce malicious code, conduct denial-of-service attacks, or otherwise interfere with the integrity or availability of the Service
- Use the Service to train, benchmark, or improve any competing machine learning model or data product without our express written consent
- Misrepresent the source, accuracy, or nature of data obtained from the Service to third parties
- Use the Service in any manner that could harm the Company's reputation or business
5. Fees and Payment
5.1 Pricing
Fees for the Service are as agreed between the parties at the time of API key issuance or as set forth in a separate order form or subscription agreement. The Company reserves the right to change pricing with 30 days' written notice.
5.2 Payment
Fees are due and payable as specified in your subscription agreement. All fees are non-refundable except as expressly stated herein or required by applicable law. Unpaid fees may result in suspension or termination of API access.
5.3 Taxes
You are responsible for all taxes, duties, and levies arising from your use of the Service, excluding taxes on the Company's net income.
6. Intellectual Property
6.1 Company IP
The Service, including all software, models, algorithms, APIs, documentation, and underlying technology, is owned by the Company and protected by intellectual property laws. These Terms do not grant you any ownership interest in the Service. All rights not expressly granted are reserved.
6.2 License
Subject to your compliance with these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription.
6.3 Output Data
API responses and data outputs you receive through the Service are licensed, not sold. You may use output data internally and in products or services you create, provided you do not: (a) represent the data as your own proprietary data, (b) remove or obscure any attribution we require, or (c) use the data in violation of these Terms.
6.4 Feedback
If you provide feedback, suggestions, or ideas regarding the Service, you grant the Company an irrevocable, perpetual, royalty-free license to use that feedback for any purpose without obligation or compensation to you.
7. Confidentiality
Each party agrees to keep confidential the other party's non-public, proprietary information disclosed in connection with the Service ("Confidential Information") and not to disclose it to third parties without the disclosing party's prior written consent. Each party will use the other's Confidential Information only as necessary to exercise rights or perform obligations under these Terms. This obligation does not apply to information that is or becomes publicly known through no fault of the receiving party, was already known to the receiving party, is independently developed by the receiving party, or must be disclosed by law or court order.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS
- WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY PREDICTION, RISK SCORE, OUTAGE DATA, OR OTHER OUTPUT
- WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE
CRITICAL SAFETY DISCLAIMER: POWER OUTAGE PREDICTIONS AND RISK SCORES ARE PROBABILISTIC ESTIMATES ONLY. THEY ARE NOT GUARANTEES, AND ACTUAL CONDITIONS MAY DIFFER MATERIALLY. THE SERVICE MUST NOT BE USED AS THE SOLE OR PRIMARY BASIS FOR: (A) EMERGENCY RESPONSE OR DISASTER MANAGEMENT DECISIONS; (B) EVACUATION ORDERS; (C) DECISIONS AFFECTING LIFE SAFETY; (D) CRITICAL INFRASTRUCTURE OPERATIONS; OR (E) ANY OTHER DECISION WHERE AN INCORRECT PREDICTION COULD RESULT IN HARM TO PERSONS OR PROPERTY. ALL SUCH DECISIONS MUST BE MADE BY QUALIFIED PROFESSIONALS USING MULTIPLE INDEPENDENT INFORMATION SOURCES INCLUDING OFFICIAL GOVERNMENT EMERGENCY MANAGEMENT CHANNELS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
- DAMAGES ARISING FROM RELIANCE ON INACCURATE OR INCOMPLETE PREDICTIONS OR DATA
- DAMAGES ARISING FROM SERVICE INTERRUPTIONS, DELAYS, OR UNAVAILABILITY
- DAMAGES ARISING FROM THIRD-PARTY DATA SOURCE ERRORS OR OUTAGES
- ANY OTHER INDIRECT OR CONSEQUENTIAL LOSSES
EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your infringement of any third-party rights; (d) any decisions you make based on Service outputs; or (e) any breach of your representations and warranties under these Terms.
11. Term and Termination
11.1 Term
These Terms are effective upon your first access to the Service and continue until terminated.
11.2 Termination by You
You may terminate your use of the Service at any time by ceasing all use and notifying us at [email protected]. Termination does not entitle you to any refund of prepaid fees.
11.3 Termination by Company
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to, breach of these Terms, non-payment, abuse of the Service, or our decision to discontinue the Service.
11.4 Effect of Termination
Upon termination, your license to use the Service immediately ceases. Sections 6, 7, 8, 9, 10, 12, and 13 survive termination.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
12.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Service shall first be subject to good-faith negotiation between the parties. If the dispute is not resolved within 30 days of written notice, either party may pursue resolution through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
12.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL.
13. General Provisions
13.1 Entire Agreement
These Terms, together with any applicable order form or subscription agreement, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior agreements, representations, and understandings.
13.2 Modifications
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or notice on the Service at least 14 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.
13.3 Severability
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
13.4 Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
13.5 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
13.6 Force Majeure
Neither party is liable for failure to perform obligations to the extent caused by circumstances beyond their reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.
13.7 Contact
Questions about these Terms should be directed to:
Fortynine and a Half Labs, LLCLegal Inquiries
[email protected]