Legal

Software Terms of Service

Effective Date: April 4, 2026

These Software Terms of Service ("Terms") govern access to and use of the ForecastWorx software-as-a-service platform, related modules, APIs, hosted environments, documentation, support, and related services made available by InventoryWorx Software LLC d/b/a ForecastWorx ("ForecastWorx," "we," "us," or "our") to the customer accepting these Terms ("Customer," "you," or "your"). By clicking to accept these Terms, executing an order form or other ordering document that references these Terms, or accessing or using the Services, Customer agrees to be bound by these Terms. If the individual accepting these Terms is doing so on behalf of an entity, that individual represents and warrants that they have authority to bind that entity to these Terms. For general questions regarding these Terms or the Services, you may contact ForecastWorx at hello@forecastworx.ai.

1. Scope of Services

These Terms govern Customer's access to and use of the ForecastWorx software-as-a-service platform, including related modules, APIs, hosted environments, documentation, support, and any professional or implementation services expressly identified in an order form, statement of work, checkout flow, or other transaction document referencing these Terms (collectively, the "Services"). Additional transaction-specific details, including pricing, subscription term, purchased modules, service levels, or implementation scope, may be set forth in an applicable order form, statement of work, online checkout flow, or other ordering document (each, an "Order Form"). If there is a conflict between these Terms and an Order Form, the Order Form controls solely with respect to the specific commercial or service terms stated in that Order Form.

2. Definitions

For purposes of these Terms:
"Affiliate"
means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than fifty percent (50%) of the voting interests or equivalent power to direct management.
"Agentic AI Features"
means optional Services or functionality that use machine learning, generative AI, automation agents, orchestration logic, or similar probabilistic technologies to generate content, recommendations, actions, workflows, analyses, or task execution support.
"Authorized User"
means an employee, contractor, or individual authorized by Customer to access the Services on Customer's behalf.
"Confidential Information"
means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. ForecastWorx Confidential Information includes the Services, Documentation, pricing, security information, product roadmaps, and non-public technical information. Customer Confidential Information includes Customer Data and non-public business information disclosed by Customer. Confidential Information does not include information that: (a) is or becomes public through no fault of the recipient; (b) was lawfully known to the recipient without restriction before disclosure; (c) is lawfully received from a third party without restriction; or (d) is independently developed without use of the discloser's Confidential Information.
"Customer Data"
means data, content, records, files, configurations, inputs, prompts, requests, outputs stored for Customer, and other information submitted to, uploaded to, transmitted through, or stored in the Services by or for Customer, excluding Usage Data and ForecastWorx technology.
"Documentation"
means ForecastWorx user guides, technical documentation, release notes, knowledge base content, and standard usage materials made available by ForecastWorx for the Services.
"Order Form"
means an order form, statement of work, checkout page, proposal accepted by the parties, or other commercial document referencing these Terms.
"Output"
means any forecast, recommendation, replenishment suggestion, reorder proposal, service-level calculation, exception alert, inventory target, allocation guidance, transfer guidance, scenario analysis, narrative summary, generated content, automated action recommendation, or other analysis, content, or result generated by or through the Services, including any Agentic AI Features.
"Professional Services"
means implementation, configuration, onboarding, training, integration, advisory, or other services expressly stated in an Order Form.
"Security Incident"
means unauthorized access to, acquisition of, or disclosure of Customer Data in ForecastWorx's possession or control resulting from a breach of ForecastWorx's security safeguards. A Security Incident does not include unsuccessful attempts or events that do not result in unauthorized access to Customer Data, such as blocked scans, pings, denial-of-service attempts, or firewall events.
"Subscription Term"
means the subscription period stated in the applicable Order Form, together with any renewal periods.
"Third-Party Services"
means third-party products, platforms, applications, data sources, APIs, hosting services, or integrations used with or in connection with the Services.
"Usage Data"
means de-identified, aggregated, statistical, diagnostic, telemetry, technical, and usage-related information derived from operation or use of the Services, excluding Customer Data in identifiable form.

3. Access Rights and License Grant

Subject to these Terms and payment of all applicable fees, ForecastWorx grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Services and Documentation for Customer's internal business operations. Customer may permit Authorized Users to access the Services solely on Customer's behalf and in accordance with these Terms. Customer is responsible for all acts and omissions of its Authorized Users to the same extent as if such acts or omissions were Customer's own. If expressly stated in an Order Form, Customer Affiliates may access the Services under Customer's account or under separate Order Forms. Unless otherwise stated, Customer is responsible for its participating Affiliates' compliance with these Terms.

4. Restrictions

Customer will not, and will not permit any third party to:
  • sell, resell, lease, license, sublicense, distribute, or otherwise make the Services available to any third party except Authorized Users;
  • copy, modify, translate, adapt, or create derivative works of the Services except as expressly permitted;
  • reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, algorithms, models, or underlying ideas of the Services, except to the limited extent such restriction is prohibited by law;
  • use the Services, Usage Data, Outputs, or Documentation to develop, benchmark for public competitive publication, train, validate, or improve a competing or substantially similar product or service without ForecastWorx's prior written consent;
  • interfere with the integrity, performance, or security of the Services;
  • bypass usage limits, authentication, tenancy controls, or rate limits;
  • use the Services to store or transmit malicious code or unlawful content; or
  • use the Services in violation of applicable law.
Nothing in this Section prevents Customer from conducting reasonable internal evaluations of the Services for its own procurement, governance, audit, compliance, or internal performance-monitoring purposes.

5. Customer Responsibilities

Customer is responsible for:
  • maintaining the confidentiality of account credentials and using reasonable administrative, technical, and organizational safeguards for account access;
  • designating administrators with authority to manage Customer's tenant and Authorized Users;
  • ensuring that Customer Data is lawfully collected and submitted to the Services;
  • obtaining all rights, consents, and permissions needed for ForecastWorx to process Customer Data and connect to Third-Party Services at Customer's direction;
  • configuring and validating operational settings, service-level targets, replenishment rules, lead times, calendars, constraints, classifications, approval flows, and other business parameters used in the Services;
  • maintaining reasonable security controls over Customer-controlled systems, endpoints, credentials, identity systems, and third-party integrations used with the Services; and
  • reviewing Outputs before taking operational action where commercially reasonable and, for any automated or high-impact workflow designated by Customer, implementing appropriate internal human oversight and approval controls.
ForecastWorx is not responsible for delays or deficiencies caused by inaccurate Customer instructions, incomplete Customer Data, Customer-controlled system changes, or Customer failure to timely perform agreed implementation or operational tasks.

6. Customer Data

6.1 Ownership

As between the parties, Customer retains all right, title, and interest in and to Customer Data.

6.2 Limited Processing Rights

Customer grants ForecastWorx a non-exclusive right to host, copy, transmit, process, display, and otherwise use Customer Data solely as necessary to provide, maintain, support, secure, monitor, and improve the Services, to prevent fraud and abuse, to perform Professional Services, and to comply with law.

6.3 Data Quality and Instructions

Customer acknowledges that the quality, accuracy, completeness, timeliness, and consistency of Customer Data, as well as Customer's configuration choices and business rules, materially affect the Services and any Outputs generated through the Services.

6.4 Usage Data

ForecastWorx may collect, create, and use Usage Data for product development, analytics, security, service improvement, capacity planning, support, benchmarking, and operational purposes, provided that Usage Data does not identify Customer, any Authorized User, or any individual as the source.

6.5 AI Training Restriction

Unless expressly agreed otherwise in writing, ForecastWorx will not use Customer Data or Customer-specific Confidential Information to train or fine-tune general-purpose models intended for use across customers. ForecastWorx may use Customer Data to provide the Services to Customer, including customer-specific configuration, retrieval, orchestration, quality assurance, safety filtering, debugging, and support, and may use de-identified Usage Data for the purposes stated in Section 6.4.

6.6 Data Return and Deletion

Upon expiration or termination of the applicable Subscription Term, ForecastWorx will make Customer Data available for export in a commonly used, machine-readable format, such as CSV, JSON, or another format reasonably appropriate to the relevant data type and Service, for thirty (30) days after termination or expiration, after which ForecastWorx may delete Customer Data in accordance with its standard deletion practices, except to the extent retention is required by law or expressly agreed in writing.

7. Outputs and Agentic AI Features

7.1 Nature of Outputs

Customer acknowledges that the Services may generate Outputs, including through Agentic AI Features. Outputs are decision-support tools only and are not a substitute for Customer's business judgment.

7.2 Probabilistic Nature

Customer acknowledges that Agentic AI Features may be probabilistic in nature and may produce inaccurate, incomplete, misleading, or unexpected Outputs, including hallucinations, erroneous reasoning, inconsistent summaries, or inappropriate recommendations.

7.3 Customer Responsibility for Use

Customer is solely responsible for reviewing, validating, approving, and implementing business decisions based on Outputs, including procurement, replenishment, stocking, transfers, production, allocations, service-level settings, supplier actions, exception handling, and any other operational decisions. Customer will not rely on Agentic AI Features as the sole basis for high-risk, irreversible, life-critical, or legally regulated decisions.

7.4 High-Risk Use Restriction

Customer will not use the Services or any Agentic AI Features for life-critical, emergency-response, medical diagnosis or treatment, weapons-related, or other high-risk uses where erroneous Output could reasonably be expected to cause death, bodily injury, or severe physical or environmental harm.

7.5 ForecastWorx Safeguards

ForecastWorx will use commercially reasonable efforts to design and operate Agentic AI Features with appropriate guardrails, testing, monitoring, and validation measures as ForecastWorx deems suitable for the intended use case, but ForecastWorx does not guarantee that Outputs will be complete, accurate, or suitable for Customer's particular purposes.

7.6 No Guaranteed Business Outcomes

ForecastWorx does not guarantee that use of the Services or Outputs will achieve any particular commercial, financial, service-level, inventory, operational, or supply-chain result. Outputs may be affected by Customer Data quality, system integrations, assumptions, model settings, seasonality, lead times, constraints, supplier performance, market conditions, disruptions, and other factors outside ForecastWorx's reasonable control.

7.7 No Reduction of Express Warranties

Nothing in this Section limits ForecastWorx's obligation to provide the Services in substantial conformity with the Documentation.

8. Third-Party Services and Integrations

The Services may interoperate with Third-Party Services, including ERP, WMS, OMS, ecommerce, supplier, logistics, BI, and data-platform systems. Customer is responsible for obtaining and maintaining all rights and credentials required for such Third-Party Services. ForecastWorx is not responsible for the operation, availability, security, accuracy, or performance of Third-Party Services or for outages, delays, schema changes, API limitations, revoked credentials, or data issues caused by Third-Party Services. ForecastWorx may modify, suspend, or discontinue a particular integration if the applicable Third-Party Service changes, becomes unavailable, or if continued support becomes impracticable, provided ForecastWorx uses commercially reasonable efforts to give advance notice where practicable and to minimize material disruption.

9. Fees, Billing, and Taxes

Customer will pay all fees set forth in each Order Form. Except as otherwise stated in an Order Form, fees are invoiced annually in advance, are due within thirty (30) days of invoice date, and are non-cancelable and non-refundable except as expressly stated in these Terms. Fees are exclusive of taxes. Customer is responsible for all sales, use, excise, VAT, GST, withholding, or similar taxes, except taxes based on ForecastWorx's net income. If Customer fails to pay undisputed amounts when due, ForecastWorx may charge interest at the lesser of 1.5% per month or the maximum lawful rate and may suspend access to the Services after providing written notice and at least fifteen (15) days to cure. ForecastWorx will not exercise suspension rights for nonpayment while Customer is reasonably and timely disputing fees in good faith and cooperating to resolve the dispute.

10. Subscription Term and Renewal

These Terms begin on the effective date of the first Order Form or Customer's first acceptance of these Terms, whichever occurs first, and continue until all Subscription Terms have expired or been terminated. Unless otherwise stated in an Order Form, each Subscription Term will automatically renew for successive one-year renewal terms unless either party provides written notice of non-renewal at least sixty (60) days before the end of the then-current Subscription Term. ForecastWorx may increase fees for a renewal term by providing written notice before the applicable non-renewal deadline. Unless otherwise stated in an Order Form, any such increase will not exceed the lesser of seven percent (7%) or the percentage increase in the Consumer Price Index for All Urban Consumers (U.S. City Average, All Items) over the prior twelve-month period.

11. Support, Maintenance, and Service Changes

ForecastWorx will provide standard support for the Services as described in the applicable Order Form or support policy available at support@forecastworx.ai. ForecastWorx may perform scheduled or emergency maintenance and may modify, update, enhance, or replace features of the Services from time to time, provided that ForecastWorx does not materially reduce the core functionality of the Services during the active Subscription Term. ForecastWorx may release alpha, beta, preview, pilot, or early-access features ("Beta Services"). Beta Services are optional, may be discontinued at any time, and are provided "as is" without warranty or service commitment unless otherwise expressly stated in writing.

12. Security, Privacy, and Compliance

ForecastWorx will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, or disclosure. ForecastWorx will notify Customer without undue delay, and in any event no later than seventy-two (72) hours after confirmation, of a Security Incident affecting Customer Data, unless a shorter period is required by applicable law. ForecastWorx will provide reasonably available information about the nature of the Security Incident and steps ForecastWorx is taking to contain, investigate, and remediate it, consistent with applicable law and the need to protect the security of the Services and other customers. ForecastWorx will ensure that subprocessors or subcontractors with access to Customer Data are bound by written confidentiality, security, and data protection obligations that are no less protective in substance than those applicable to ForecastWorx under these Terms, as appropriate to the services provided. If the parties enter into a data processing addendum ("DPA"), the DPA will govern the processing of personal data covered by the DPA. Customer remains responsible for determining whether the Services, alone or with any agreed DPA, are appropriate for Customer's regulatory, legal, and contractual obligations. Except as expressly stated in these Terms or any applicable security addendum, ForecastWorx does not represent that the Services satisfy any specific legal or regulatory framework. Customer acknowledges that AI-specific laws and regulations may evolve and that the parties may need to cooperate in good faith to address materially applicable new requirements. Customer's use of the Services is also subject to ForecastWorx's Privacy Policy, available at https://forecastworx.ai/privacy-policy.

13. Confidentiality

Each party receiving Confidential Information will use the same degree of care it uses to protect its own similar confidential information, and no less than reasonable care, to protect Confidential Information from unauthorized use or disclosure. The receiving party may use Confidential Information only to exercise rights or perform obligations under these Terms. The receiving party may disclose Confidential Information to its employees, contractors, professional advisors, and Affiliates who have a need to know and who are bound by confidentiality obligations at least as protective as those in these Terms. The receiving party remains responsible for their compliance. The receiving party may disclose Confidential Information if required by law, subpoena, or court order, provided it gives prompt notice where legally permitted and reasonably cooperates with the disclosing party.

14. Intellectual Property; Feedback

ForecastWorx and its licensors retain all right, title, and interest in and to the Services, Documentation, Usage Data, and all related intellectual property rights. No rights are granted to Customer other than those expressly set forth in these Terms. ForecastWorx does not acquire ownership of Customer Data or Customer's pre-existing intellectual property by virtue of these Terms. If Customer provides suggestions, enhancement requests, recommendations, or other feedback regarding the Services, ForecastWorx may use and exploit such feedback without restriction or obligation, provided ForecastWorx does not publicly identify Customer as the source without permission.

15. Warranties

15.1 Mutual Authority

Each party represents that it has the power and authority to enter into these Terms.

15.2 Service Warranty

ForecastWorx warrants that during the Subscription Term the Services will materially conform to the applicable Documentation under normal authorized use. Customer's exclusive remedy for breach of this warranty is for ForecastWorx to use commercially reasonable efforts to correct the non-conformity. If ForecastWorx cannot do so within a reasonable period, either party may terminate the affected Order Form, and ForecastWorx will refund any prepaid fees for the terminated portion of the remaining Subscription Term.

15.3 Professional Services Warranty

ForecastWorx warrants that Professional Services, if any, will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. Customer must notify ForecastWorx of any warranty breach within thirty (30) days after performance of the affected Professional Services. ForecastWorx's sole obligation, and Customer's exclusive remedy, will be re-performance of the deficient Professional Services or, if ForecastWorx cannot reasonably re-perform them, refund of the fees paid for the deficient Professional Services.

15.4 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES, OUTPUTS, DOCUMENTATION, PROFESSIONAL SERVICES, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS," AND FORECASTWORX DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FORECASTWORX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS WILL BE CORRECTED, OR THAT OUTPUTS WILL BE COMPLETE, ACCURATE, OR SUITABLE FOR CUSTOMER'S PARTICULAR PURPOSES.

16. Indemnification

16.1 By ForecastWorx

ForecastWorx will defend Customer against any third-party claim alleging that the Services, when used by Customer as authorized under these Terms, infringe or misappropriate that third party's U.S. patent, copyright, trademark, or trade secret, and will indemnify Customer against resulting damages finally awarded or agreed in settlement, provided that Customer promptly notifies ForecastWorx, gives ForecastWorx sole control of the defense and settlement, and reasonably cooperates. ForecastWorx will have no obligation for claims arising from: (a) Customer Data; (b) Third-Party Services; (c) modifications not made by ForecastWorx; (d) use of the Services in combination with items not provided by ForecastWorx where the claim would not have arisen but for such combination; or (e) use in violation of these Terms or Documentation. If such a claim appears likely, ForecastWorx may: (i) procure rights for continued use; (ii) modify the Services to avoid infringement without materially reducing core functionality; or (iii) terminate the affected Services and refund prepaid fees for the terminated remainder of the Subscription Term.

16.2 By Customer

Customer will defend ForecastWorx against any third-party claim arising from Customer Data, Customer's use of the Services in violation of these Terms, Customer's violation of law, or Customer's unauthorized connection to or use of Third-Party Services, and will indemnify ForecastWorx against resulting damages finally awarded or agreed in settlement, subject to the same notice, control, and cooperation requirements.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS INTERRUPTION, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (a) CUSTOMER'S PAYMENT OBLIGATIONS; (b) A PARTY'S BREACH OF SECTION 13 (CONFIDENTIALITY); (c) CUSTOMER'S BREACH OF SECTION 4 (RESTRICTIONS); (d) A PARTY'S INDEMNIFICATION OBLIGATIONS; (e) FRAUD OR WILLFUL MISCONDUCT; OR (f) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

18. Suspension

ForecastWorx may suspend access to the Services if: (a) Customer's use poses a material security risk to the Services or any third party; (b) Customer is using the Services in material violation of these Terms; (c) suspension is required by law; or (d) Customer fails to pay undisputed fees after notice and an opportunity to cure. ForecastWorx will use commercially reasonable efforts to limit any suspension to the affected portion of the Services, to provide advance notice where practicable, and to restore access promptly once the issue is resolved.

19. Termination

Either party may terminate these Terms or an affected Order Form for material breach if the other party fails to cure the breach within thirty (30) days after written notice. ForecastWorx may terminate immediately if Customer materially breaches Section 4 (Restrictions) or uses the Services in a manner that creates a material security, legal, or operational risk that cannot reasonably be addressed through suspension or cure. Either party may terminate these Terms upon written notice if the other party becomes insolvent, makes an assignment for the benefit of creditors, enters liquidation, or becomes subject to bankruptcy proceedings not dismissed within sixty (60) days.

20. Effect of Termination; Data Export

Upon termination or expiration of the applicable Subscription Term, Customer's right to access the Services will cease, except that ForecastWorx will make Customer Data available for export for thirty (30) days after termination or expiration, unless otherwise required by law or agreed in writing. During that period, ForecastWorx will not materially degrade Customer's reasonable export access to the production Services, except as necessary for security, legal compliance, or orderly wind-down. After the export period, ForecastWorx may delete Customer Data in accordance with its standard deletion practices, except to the extent retention is required by law. Termination or expiration does not relieve Customer of the obligation to pay fees accrued before the effective date of termination. The following Sections survive termination: Sections 4, 6.4, 6.5, 7, 8, 9, 12, 13, 14, 16, 17, 20, and 21.

21. General

21.1 Dispute Escalation

Before initiating formal litigation, the parties will attempt in good faith to resolve any material dispute through escalation to appropriate business and legal representatives. Either party may request escalation by written notice describing the dispute, and the parties will meet or confer within a reasonable time. Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief where necessary.

21.2 Governing Law; Venue

These Terms are governed by the laws of the State of Colorado, excluding its conflict-of-laws rules. Any legal action arising out of or relating to these Terms must be brought exclusively in the state courts located in Larimer County, Colorado, or, if federal jurisdiction exists, the federal court serving Larimer County, Colorado, and each party consents to personal jurisdiction and venue in those courts.

21.3 Injunctive Relief

Nothing in these Terms prevents either party from seeking injunctive or equitable relief for actual or threatened misuse of intellectual property or breach of confidentiality.

21.4 Assignment

Neither party may assign these Terms without the other party's prior written consent, except to an Affiliate or in connection with a merger, acquisition, reorganization, or sale of substantially all assets, provided the assignee agrees in writing to be bound by these Terms.

21.5 Notices

Legal notices under these Terms must be in writing and sent by recognized courier, certified mail, or email to the addresses stated in the applicable Order Form or otherwise designated in writing. ForecastWorx notices should be sent to:
Legal Email: legal@forecastworx.ai
General Contact Email: hello@forecastworx.ai
Address: PO Box 1093, Fort Collins, CO 80522 Operational notices may be given by email, in-app notification, or through the administrative portal.

21.6 Force Majeure

Neither party will be liable for delays or failures caused by events beyond its reasonable control, excluding payment obligations.

21.7 Entire Agreement

These Terms, together with all Order Forms and any documents expressly incorporated by reference, constitute the entire agreement between the parties regarding their subject matter and supersede prior or contemporaneous agreements on that subject matter. If there is a conflict among the governing documents, the order of precedence is: (1) the applicable Order Form; and (2) these Terms.

21.8 Amendments; Waiver; Severability

No amendment is binding unless in writing, except that ForecastWorx may update online policies incorporated by reference where permitted by applicable law and where such changes do not materially diminish Customer's rights during the current Subscription Term. A waiver must be in writing. If any provision is held unenforceable, the remainder of these Terms will remain in effect.

21.9 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, fiduciary, or employment relationship.

21.10 Electronic Acceptance

Customer agrees that these Terms may be accepted electronically, including by click-through acceptance, and that such acceptance is binding and enforceable to the same extent as a signed written agreement.