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Formplus | END USER LIABILITY AGREEMENT

This End-User License Agreement (“EULA”) shall govern the terms of usage of the Formplus website application ("Formplus") and constitutes a legal contract between you (the user) and Formplus, a registered company who operates the Formplus website application at the domain address (http://www.formpl.us/). Formplus Inc is incorporated in the United States at 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808-1674.Your use of the services offered on the Formplus website application is under a license subject to this document which sets out the terms of the license to use Formplus.

1. Accepting the Terms of Usage

1.1. To use the Formplus services, you must accept the terms of Usage. You may not use the services if you do not accept the terms.
1.2. Any of the following shall constitute an acceptance of the terms of usage and the EULA:
(i) Clicking on the "YES"/"ACCEPT" button where the option is made available by Formplus in the user interface or any other button provided on the page.
1.3. If you do not wish to be bound by the terms of this EULA, click the “NO”/CANCEL button, and do not access or use the website.

2. Language of the Terms of Usage.

2.1. Regardless of the translation offered of this End User Licensing Agreement by any user interface or translator, the English Language version of the EULA shall take precedence and govern the relationship between the user and Formplus

3. Personal Information and Privacy

Formplus will not share your personal information with companies, individuals, and organisations outside of Formplus, subject to the following exceptions:

3.1. Sharing with your consent

Information will be available to companies, individuals and organisations when you consent to it, and only to the extent of information that you consent to your information being shared. Therefore, an opt-in consent will be required for such Information to be shared to companies, individuals and organisations outside of Formplus

3.2. External processing

Formplus may provide its affiliates or other trusted business entities and persons with certain personal information for processing. This however shall be in strict compliance with appropriate confidentiality, privacy and safety standards. The processing of this information is to improve, maintain, protect and develop the quality of services for Formplus and its end users.

This will also only be shared when you consent to it, and only to the extent of information that you consent to your information being shared. Therefore, an opt-in consent will be required for such Information to be shared to companies, individuals and organisations outside of Formplus

3.3. Legal purposes

Personal information will be shared with companies, individuals and organisations outside Formplus in the existence of reasonable belief that access and disclosure of that information is necessary:

  • To satisfy the requirement under any relevant law, directives, legal procedure or government demand that applies.
  • For the conduct of any investigation into violations of the terms of usage and EULA and in order to enforce the provisions of the terms of Use.
  • To investigate, forestall, prevent, identify or detect any security breaches, fraud or technical issues.
  • To preserve and protect the rights of Formplus, its end users of the public within the confines required by law.
3.4. Privacy and Formplus Website advertising

Formplus commits to keep your details and identity private, save in respect of displaying any person/entity's logos as indicative of users of Formplus on the website and in Formplus marketing materials. Any user can however opt-out of having their logos displayed for marketing purposes by Formplus by indicating an intention to the contrary. Any user who objects to any indication of their use of Formplus services in any advertising should notify at privacy@formpl.us.

3.5. Access to the Website may imply the use of cookies.

Cookies are small amounts of information stored in the browser of each user for the server to remember certain information that may subsequently be used in order to enhance the user's browsing experience. The user has the option and responsibility to disable cookies by selecting the appropriate option in the browser options. However, deactivating cookies may affect the correct operation of the Website.

4. User Registration and User Responsibility

4.1. In order to make use of the Formplus services, a user should be signed in with a Google, Facebook or an email account. The user has a responsibility to protect the security of his login information and ensure the diligent custody and use of the same.

4.2. The User is personally liable for the activities undertaken on the Formplus website application, and is responsible under all local, national or international laws and regulations applicable to the use of Formplus, including those relating to the protection of intellectual property, protection of personal data, international communications and data transmission, whether under the law governing the user or the law of governing Formplus.

4.3. Formplus accepts no responsibility for the improper use of the Formplus website application and any content put on the Formplus website application by an End User.

5. Collecting Banking and Credit Card Information, password and sensitive information on forms

5.1. Formplus prohibits collecting banking and credit card information except through the payment field features available through Formplus. When used properly, Formplus servers never process, store, or transmit credit card information. Formplus has a payment feature for the dealing with payment on forms. Formplus offers several secure payment integrations for processing credit card payment on your forms

6. Payments

6.1. When Users make use of the payment feature/services provided through Formplus, the money received goes directly to the Form Owner or User, and not FormPlus.

6.2. Formplus exempts all liability for payments received through Formplus forms by any User.

7. Phishing and misrepresentation

7.1. Formplus prohibits the use of any Formplus service or the website application for phishing, disguising as a trusted entity, misrepresenting to be another organisation, stealing sensitive user data (including login credentials, personally identifiable information, banking and credit cards, and passwords), sending deceptive e-mails, fraud.

7.2. Breach of the 6.1 above, and use of Formplus service or the website application for any of the activities prohibited above will lead to restriction, ban from all Formplus services, and termination of the license to use Formplus services as stated in Clause 16 of this End User License Agreement for such User, without refund

7.3. Where Formplus determines that an activity by a user is of a criminal nature, Formplus may also report such activities to law enforcement agencies and share all available information with the appropriate authorities.

8. Use of Formplus Email Services

8.1. In using Formplus services for email invitation, the user has the responsibility and full liability for ensuring the email addresses were legally obtained and that the owners of each email address has consented and opted into receiving emails from the User.

8.2. Formplus will make best effort to ensure all emails and email notifications (including but not limited to submission notifications, autoresponders, workflow notifications, email invitations, team invites etc) processed through Formplus services are successfully delivered but Formplus excludes all liability for instances where emails and email notifications are undelivered or received by the User.

9. Data Collection and Processing

9.1. Formplus shall have no responsibility or liability for Data collected through the forms. The liability for every data collected through forms on Formplus shall be that of the Form Owner or User.

9.2. All information collected over Formplus forms is stored in the cloud storage of the form owner and Formplus for users who opt to store responses with us. This information is not accessed by Formplus except when account owner explicitly gives us permission to. This information is accessible from the cloud storage of the account owner and the assigned collaborators.

9.3. The form owner agrees to bear all liability for how they handle such information and exempt Formplus from any liability on how the information collected through the Form is processed by the Form Owner.

9.4. For more information on our data is processed, please read our Privacy Policy.

10. Submission Counter & Service Availability and Uptime

10.1. Formplus will make best effort to ensure the counter display for received form submissions are precise, however the counter displayed may sometimes not be accurate. When in doubt, the user is advised to check the status of the form.

10.2. Formplus will make best effort to ensure service availability and uptime, but excludes all liabilities for service downtimes.

11. Signatures and Contracts

11.1. Formplus forms provide features for collecting signatures on contracts as part of Formplus services. Formplus excludes all liabilities for agreements made using this service.

12. Offline use of Forms

12.1. Formplus forms are intended to work seamlessly offline and online. Once the User comes online, the offline responses are synced with the online response.

12.2. In the event that data is lost in the process of syncing offline responses with Formplus servers or any other way, Formplus excludes all liability for this data loss.

13. Workflow

Formplus shall not be responsible for processes set up by Users using Formplus services.

14. Prohibitions

14.1. It is strictly prohibited to:
a. Modify the website/software product in whole or in part.
b.Reverse engineer, decompile, or disassemble the website/software product.

15. Limited Warranty

15.1. Disclaimer for Indirect Damages:

This website/program is provided and licensed "as is", without any warranty of any type, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. In no event shall Formplus, or any other third parties involved in the creation, production, or delivery of this website/program be liable for any type of damage, in any circumstance (including, but not limited to, the direct or indirect damages caused by loss of business profits, business interruption, loss of business information, or any other pecuniary loss), arising out of the use of or the inability to use the website/product, even if Formplus has been advised of the possibility of such damages.This limited warranty is governed by and interpreted according to the law of incorporation of Formplus Limited as well as other laws, international and domestic intellectual property laws and by international treaties.

Nonetheless, the user shall inform Formplus by sending an email to privacy@formpl.us of any apprehension of a breach/misuse of its account/forms. Formplus is not liable and will not assume any kind of responsibility for information contained on any Website belonging to a third party which may be accessible through the links or browsers available on the Website.

16. Termination

Formplus may terminate this license at all times by informing the software product user.

16.1. The following acts are not permissible and may terminate the User's license to use Formplus:
i. Collecting, uploading, publishing, sending or transmitting any information, material or other content that is illegal, threatening or libellous; or
ii. Collecting, uploading, publishing, sending or transmitting any information, material or other content that violates the rights of third parties, including intellectual property rights; or
iii. Intentionally or maliciously collecting, uploading, publishing, sending or transmitting any information, material or other content contains viruses or any other kind of malicious code(s); order
iv. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; order
v. Obtaining, collecting, storing or modifying other user's personal data or information; order
vi. Any other purpose or use of Formplus that qualifies as illegal or unauthorised in the user's jurisdiction or Formplus jurisdiction.

16.2. The User shall lawfully terminate his license by:
i. Revoking access to the Formplus application by cancelling a subscription from the user Account.In the case that the user needs to close out an account completely, an email should be sent to support@formpl.us specifying this. At this point, all personal data will be deleted.

17. Upgrades

Formplus reserves the discretion, with no obligation to give details to the user, to upgrade and do any such things as are necessary for the administration of the website, with no requirement of the user’s consent.

18. Applicable Law and Jurisdiction

18.1. Any disputes arising from the use of this Website or the legal notices, privacy agreement and policy terms of usage and EULA shall be governed by US law as well as other international intellectual property laws such as The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), WIPO copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) and by other international treaties.

18.2. This shall not derogate from the right of Formplus to pursue any action against any violators of this EULA under clauses 5, 6 and 8, in the User's jurisdiction.

19. Modification of the legal notice and terms of service

This Legal Notice and Terms of Service may be modified at any time without notice, but the most current version will always be available to the users on this Website.

Privacy Policy

What is this Privacy Policy?

This privacy policy discloses the privacy practices for www.formpl.us , and governs the privacy of its users who choose to use it.

This privacy policy applies solely to information collected by this website. The policy sets out the different areas where user privacy is concerned and outlines the obligations and requirements of users, the website and website owners. It will notify you of the following:

  1. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
  2. How this data is to be used
  3. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

All information collected over Formplus forms is stored in the cloud storage of the form owner and Formplus for users who opt to store responses with us. This information is not accessed by Formplus except when account owner explicitly gives us permission to. This information is accessible from the cloud storage of the account owner and the assigned collaborators.

The forms hosted on Formplus and the content of each of the forms is the responsibility of the form owner.

The form owner agrees to bear all liability for how the they handle such information and exempt Formplus from any liability on how the information collected through the Form is processed by the Form Owner.

Furthermore, the responsibility for satisfying the regulatory requirement for data collection and handling within each jurisdiction shall remain the responsibility of the Form Owner. Formplus recommends that each form owner create internal systems for satisfying the regulatory requirements within their different jurisdictions.

Furthermore, the form owners has full responsibility for proving that there exists satisfactory procedures compliant with the regulatory framework within their jurisdiction for the collection of sensitive data including but not limited to:

  • Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs;
  • Trade union membership
  • Genetic data, biometric data processes solely to identify a human being
  • Heath-related data
  • Data concerning a person’s sex life or sexual orientation

In some events, and without playing any responsibility on Formplus, where there is reports of breach of the regulatory requirements for collecting and handling sensitive data or otherwise, Formplus will inform the form owner (customer) to remedy the breach. After informing the form owner, if the breach is still not remedied, Formplus may take any necessary steps to remedy the breach.

By logging in, you will give Formplus access to your email address and account information. This will only be used to setup your Formplus account and will not be shared with any third party. All your Formplus forms and data are tied to your email address.

Formplus is not responsible for any loss of data as a result of actions from the form owner or the assigned collaborators.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via support@formpl.us

  • Request what data we have on record about you.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data

Security

We take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of our users throughout their user experience. This website complies with all international law and requirements for user privacy. The website and all forms are SSL enabled

Formplus receives payment through a third party payment processor, FastSpring. FastSpring addresses all PCI compliance issues, and securely processes sensitive data. Formplus is PCI compliant, and adheres to PCI DSS regulations. FastSpring’s e-commerce infrastructure is regularly monitored and credit card numbers are never stored.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.

Orders

All orders are made from the Formplus website and subscriptions are renewed every month. You are automatically billed every month except if you opt out of the Formplus billing.

Formplus has a 100% refund policy, and will refund any Users who do not wish to continue to use the service, provided the User has not received or utilised 10% of allotted responses (or up to 100 responses for the Professional plan) within 30 days of the payment for which a refund is requested.

Our support agents would address all other questions or complaints. You can contact us directly at support@formpl.us or submit a ticket at help.formpl.us/s.

Cookies

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Updates

Our Privacy Policy may change from time to time without notice, and all updates will be posted on this page.

Our agents will address all questions regarding the privacy of your data. Please contact us directly at privacy@formpl.us