Terms of Service

These Terms of Service (“Terms”) govern your use of the Foreus mobile application (the “App”) and the framework under which we offer our services (the “Services”) to you through the App. Please read them carefully. By creating an account and using the App you acknowledge these Terms as the framework of our business relationship. The binding contract terms for any individual Service are set out in the Agreement under section 4.

1. Who we are

The Services are provided by:
FOREUS Intelligence GmbH, Schönbrunner Straße 59–61/B01, 1050 Wien, Austria
Commercial register: FN 563124z, Handelsgericht Wien
Corporate seat: 1050 Wien
VAT ID: ATU77475858
Managing director: Stefan Embacher
Email: office@foreusgroup.com
Business purpose: Private Intelligence Operations; Lobbying and Public Affairs Consulting; information gathering on persons and companies.
In these Terms, “Foreus”, “we”, “us” and “our” refer to this entity. “You” means the person or entity using the App.

2. Scope and definitions

Services — the professional intelligence, research and advisory services you may inquire about through the App, including one-time products (service tiers) and subscription products (ongoing intelligence packages).
Case — the record created in the App when you submit a request; it tracks the work, communication, deliverables and invoices for that order.
Deliverables — reports, analyses, briefings, calls and other work product we provide as part of a Case.
Consumer — a natural person acting wholly or mainly outside their trade, business, craft or profession (§ 1 KSchG).
Business customer — any customer who is not a Consumer, including companies, sole traders acting in their business capacity, public bodies and other organisations.
The Services are delivered by human analysts outside the App; the App itself is primarily a means of ordering, communicating and receiving deliverables. We do not sell digital goods or in-app digital content.

3. Eligibility and accounts

To use the Services you must be at least 18 years old and legally able to enter into contracts. If you use the App on behalf of an organisation, you confirm that you are authorised to bind that organisation; the organisation is then the contracting customer.
You must provide accurate registration details, keep them up to date, and keep your credentials confidential. You are responsible for activity on your account. Notify us promptly at office@foreusgroup.com if you suspect unauthorised access.
We may refuse, suspend or terminate accounts where required by law, where required by our risk or compliance policies, or where an account has been used in breach of these Terms.

4. How orders are formed

Product listings in the App (including prices, durations and descriptions) are non-binding information, not an offer by Foreus. The prices and scopes shown in the App are indicative; the binding scope and final price are set out in the engagement letter (see below).
Step 1: Inquiry. When you tap SUBMIT REQUEST or complete the scheduling flow for REQUEST WITH CALL, you send us a non-binding inquiry. No contract is formed at this stage.
Step 2: Kickoff call and engagement letter. After receiving your inquiry we contact you, discuss your specific needs and then send you an individual engagement letter (the “Agreement”) that sets out, binding for your Case, the scope of services, price, term and any special conditions. The engagement letter may be delivered in person, by email or via an electronic signature tool, depending on the customer.
Step 3: Contract formation. A contract is formed only when you accept the Agreement in writing — by countersigning the engagement letter, by express written or electronic acceptance, or by any equivalent declaration we identify in the individual case. Receipt of your App inquiry, the automatic case number, any scheduled call or internally generated invoice alone do not constitute acceptance.
Relationship to these Terms. These Terms supplement any Agreement we enter into with you. If the Agreement and these Terms conflict, the Agreement prevails.
Declining an inquiry. We may decline an inquiry at our discretion, in particular where it is outside our scope, conflicts with an existing engagement, raises compliance concerns, or cannot be delivered for other legitimate reasons. If we decline, we will tell you and no charges apply.

5. Prices, VAT, invoicing and payment

Prices. Prices shown in the App are in Euro (EUR). Unless explicitly marked otherwise, prices are net and exclude statutory VAT. VAT is added on the invoice at the rate applicable at the time of invoicing.
VAT treatment.
Consumers in Austria: Austrian VAT is added at the applicable rate.
Consumers elsewhere in the EU: VAT is charged according to the applicable place-of-supply rules.
Business customers within the EU (outside Austria) with a valid VAT ID: the reverse-charge procedure applies where legally available.
Business customers outside the EU: VAT treatment follows the applicable rules for the place of supply.
You are responsible for providing accurate invoicing information, including a valid VAT ID where applicable. If the information you provide is incorrect and VAT is later assessed against us, you will reimburse us the resulting amount.
Invoicing. Foreus issues invoices electronically through the App. You can download them from your account in PDF form. Invoices are payable by SEPA bank transfer to the account stated on the invoice, quoting the bank reference shown.
Payment terms. Unless the invoice states otherwise, payment is due within 14 days of the invoice date.
Late payment. If payment is not received by the due date, we may charge default interest at the statutory rate (§ 1333 ABGB for Consumers; § 456 UGB for business customers) and recover reasonable costs of collection as permitted by law. We may also suspend ongoing work on the relevant Case and, for subscriptions, move the Case into Grace Period and then Suspended status as reflected in the App.

6. One-time products (service tiers)

One-time products are shown in the App with an indicative tier and price. The binding scope, price and timeline are set out in the Agreement under section 4. Unless the Agreement provides otherwise:
the scope and deliverables follow the tier described in the App;
any delivery times shown per tier are indicative, not guaranteed;
we begin work after the contract is formed and, for Consumers, subject to section 10 below.
Changes to scope after work has started may be agreed in writing (including via the App chat) and may affect price and timing.

7. Subscription products

7.1 Fixed term, no auto-renewal

Subscription products run for the fixed term set out in the Agreement (typically offered in the App as 1, 3 or 12 months). Subscriptions do not auto-renew. At the end of the term the subscription ends automatically; no further charges are made unless we enter into a new Agreement with you.

7.2 Billing cadence

Subscriptions are billed monthly across the term. For each month of the term we issue a separate invoice, payable in accordance with section 5. The plan price shown in the App or in the Agreement is the total contract price for the full term; the per-month amount is the monthly portion of that total.

7.3 Activation

A subscription period activates when the first invoice for that period is paid. Subscription status is shown in the App (Pending, Active, Grace Period, Suspended, Cancelled).

7.4 Non-payment

If a monthly invoice is not paid by its due date, the subscription enters a Grace Period. If payment is still not received by the end of the Grace Period, the subscription is paused: ongoing deliverables stop, access to Case-specific materials may be restricted, and no new invoices are issued until the outstanding amount is settled. Once you pay the outstanding amount, the subscription resumes for the remainder of the original term; the paused time does not extend the term.

7.5 Ending or extending a subscription

To continue beyond the fixed term you must enter into a new Agreement with us. We may contact you before the term ends to ask whether you wish to extend; you are under no obligation to do so.

8. Deliverables, intellectual property and use

Deliverables are prepared for your decision-making in connection with the matter described in your Case.
Ownership. We retain all intellectual-property rights in our methodologies, templates, databases and tools.
Licence to use. On full payment of the relevant invoice(s), we grant you a perpetual, non-exclusive, worldwide, royalty-free licence to use the Deliverable. This licence expressly includes:
using the Deliverable internally and externally for your own business or personal purposes;
copying, adapting and incorporating the Deliverable into your own materials;
sharing the Deliverable with advisors, business partners, investors, clients, affiliates and other business contacts in connection with your business or personal purposes.
No prior consent from Foreus is required for these uses.
Restrictions. You may not, without our prior written consent, make the Deliverable publicly available (in particular by publishing it, distributing it through media, or making it freely accessible on the internet) or resell or commercially distribute it for a fee to third parties. These restrictions also apply to third parties with whom you share the Deliverable; you are responsible for ensuring their compliance.
Third-party sources. Deliverables may cite, summarise or rely on third-party sources. We do not transfer rights in those third-party sources; their use remains subject to their own terms and applicable law.

9. Your responsibilities and acceptable use

You agree:
to provide accurate, complete and lawful information in your request and during the Case;
not to ask us to perform any activity that would be unlawful in Austria or in the jurisdiction where the subject of the research is located, including surveillance of private individuals without a lawful basis, unlawful circumvention of data-protection rights, or investigations designed to harass, intimidate or discriminate;
not to use the App or Services to infringe third-party rights, including privacy, intellectual-property and confidentiality rights;
to comply with all applicable laws, including export-control, sanctions, anti-bribery and data-protection laws.
We may decline or stop work on a Case that, in our reasonable assessment, would breach law or professional standards, and we may report activity to authorities where legally required.

10. Consumers — right of withdrawal (14 days)

This section applies only if you are a Consumer. Business customers have no statutory right of withdrawal; sections 6, 7 and 11 govern early termination for business customers.

10.1 Scope

Submitting an inquiry via the App does not form a contract and therefore does not trigger any right of withdrawal (see section 4). A right of withdrawal may arise where the Agreement under section 4 is concluded as a distance contract within the meaning of the FAGG — typically where it is concluded by email or via an electronic signature tool without both parties being physically present at the same time. Where the Agreement is signed during an in-person meeting, it will normally not be a distance contract and this section will not apply.

10.2 Your right

Where the Agreement is a distance contract, you have the right to withdraw from it within 14 days without giving any reason. The withdrawal period expires 14 days after the day the contract is concluded (section 4, step 3).

10.3 How to exercise

To exercise the right of withdrawal, send us a clear statement of your decision, for example:
by email to office@foreusgroup.com,
by post to the address in section 1, or
through the App chat on the relevant Case.
You may use the model withdrawal form in Annex A; using it is not mandatory. To meet the deadline it is sufficient to send your communication before the 14-day period has expired.

10.4 Effects of withdrawal

If you validly withdraw, we will reimburse all payments received from you under the Agreement without undue delay and in any event no later than 14 days from the day we receive your withdrawal notice. We will use the same means of payment you used, unless expressly agreed otherwise; you will not incur any fees as a result of the reimbursement.

10.5 Early performance and loss of withdrawal right

If you expressly request that we begin performance before the 14-day period ends, and acknowledge that you will lose your right of withdrawal once the Services have been fully performed (§ 18(1)(1) FAGG), we will obtain that request and acknowledgement as part of the engagement letter.
If this declaration is not given, we will not begin work until the 14-day period has expired.
If this declaration is given and you then withdraw while work is in progress, you must pay us an amount proportional to the Services already supplied up to the time of your withdrawal, compared with the full scope of the Agreement.
If this declaration is given and we have fully performed the Services before you withdraw, the right of withdrawal no longer applies.

11. Cancellation and refunds

11.1 Before work begins

If you cancel after the Agreement is concluded but before we have begun work, you receive a full refund of any amounts paid.

11.2 After work has begun — one-time products

If you cancel while work is in progress, you pay a pro-rata portion corresponding to the work performed up to cancellation. Any amount paid in excess of that portion is refunded.

11.3 After delivery — one-time products

Once the Deliverable has been delivered, the order is considered performed and no refund is due. If a Deliverable materially deviates from the agreed scope, you may request corrections within 30 days of delivery; we will make reasonable corrections at no extra cost.

11.4 Subscription products — business customers

A business customer who terminates a subscription before the end of the fixed term remains liable for the full remaining term. Invoices for remaining months continue to be issued and remain payable.

11.5 Subscription products — Consumers

A Consumer may terminate a subscription with effect from the end of the then-current billing month. The invoice for the current month remains payable; invoices for months entirely after the effective termination date will not be issued or, if already issued, will be cancelled. No further amounts are owed.

11.6 Non-refundable items

The following are not refundable in any case: analyst time already spent, and rush or expedite fees where the rush work has been performed.

11.7 How to request

Send a cancellation request by email to office@foreusgroup.com or via the App chat on the relevant Case. Refunds are issued to the original payment method (bank account) within 14 days of our approval of the refund amount.

12. Confidentiality and data protection

Confidentiality. We treat the details of your Case as confidential and share them only with staff and contractors who need them to deliver the Services, or as required by law. You agree to treat our non-public methodologies and pricing as confidential.
Personal data. Our processing of personal data is governed by our Privacy Policy, which forms part of these Terms:
German: https://foreusgroup.com/fosx/privacy/
English: https://foreusgroup.com/en/fosx/privacy/

13. Warranties and liability

13.1 Nature of the Services

The Services consist of professional research, analysis and advice based on information reasonably available at the time. We do not guarantee any particular outcome, decision or result, and Deliverables are not legal, tax or investment advice unless explicitly labelled as such.

13.2 Our liability to business customers

To the maximum extent permitted by law, our total liability to a business customer for all claims arising out of or in connection with a Case is limited to the fees paid by that customer for the Case in question. We are not liable for indirect, incidental or consequential damages, loss of profits, loss of business, loss of data or loss of goodwill. Liability for slight negligence is excluded. These limits do not apply to liability that cannot be limited by law, including liability for personal injury, liability under the Austrian Product Liability Act (PHG), intent and gross negligence.

13.3 Our liability to Consumers

For Consumers, our liability is governed by statutory law. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under Austrian law, including statutory warranty rights (Gewährleistung) and liability for personal injury, intent or gross negligence.

13.4 Your liability

You are liable for damages caused by inaccurate or incomplete information you provide, by misuse of the App or Services, or by breach of section 9.

14. Suspension and termination

We may suspend or terminate your access to the App or a Case with immediate effect if (a) you materially breach these Terms, (b) you fail to pay an invoice despite reminders, (c) continued performance would breach law or professional standards, or (d) required by a competent authority.
You may close your account at any time using the “Delete Account” function in the App. Closure does not affect contracts already formed; outstanding invoices remain payable and completed Deliverables remain subject to section 8.
We may retain data after closure to the extent and for the period required by law (in particular for tax and accounting records, generally 7 years under § 132 BAO).

15. Changes to these Terms

We may change these Terms for legitimate reasons, including changes in law, changes in the Services, or security or operational reasons. We will notify you of material changes at least 30 days before they take effect, by email and in-app notice.
For ongoing subscriptions, changes apply from your next term; you may end the subscription at the end of the current term if you do not agree with them. For one-time products ordered before the change takes effect, the previous Terms continue to apply.

16. Apple App Store

If you download the App through the Apple App Store, you also acknowledge that these Terms are concluded between you and Foreus, not Apple, and that Apple has no responsibility for the App or its content. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Any App-related support, warranty, claims or maintenance obligations are owed by Foreus, not Apple, except as expressly required by law.

17. Governing law, jurisdiction and consumer protection

These Terms are governed by the laws of Austria, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws rules.
Business customers. The exclusive place of jurisdiction for any dispute arising out of or in connection with these Terms is Vienna, Austria (Handelsgericht Wien).
Consumers. Mandatory consumer-protection provisions of the law of the country where you have your habitual residence remain unaffected. A Consumer may bring proceedings at the Consumer’s domicile or at our seat. We are not obliged to participate in dispute-resolution proceedings before a consumer conciliation body. You may use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.

18. Miscellaneous

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights to an affiliate or to a successor in connection with a corporate transaction.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be replaced by a valid one that most closely reflects the original intent.
No waiver. Failure to enforce any provision is not a waiver of that provision.
Entire agreement. These Terms, together with the Privacy Policy and any order confirmation, are the entire agreement between you and Foreus regarding the Services.
Language. These Terms are provided in English and German. For Consumers resident in Austria, the German version prevails in case of discrepancy. For all other customers, the English version prevails.

Annex A — Model withdrawal form (Consumers)

(Complete and return this form only if you wish to withdraw from the contract.)
To: FOREUS Intelligence GmbH, Schönbrunner Straße 59–61/B01, 1050 Wien, Austria, office@foreusgroup.com
I/We () hereby give notice that I/We () withdraw from my/our (*) contract for the supply of the following service:
Ordered on () / received on (): ____________________
Name of consumer(s): ____________________
Address of consumer(s): ____________________
Case number (if known): ____________________
Signature of consumer(s) (only if this form is notified on paper): ____________________
Date: ____________________
() Delete as appropriate.*