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. 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. 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:
i. To satisfy the requirement under any relevant law, directives, legal procedure or government demand that applies.
iii. To investigate, forestall, prevent, identify or detect any security breaches, fraud or technical issues.
iv. 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 firstname.lastname@example.org.
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.
5.1 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.
6. Limited Warranty:
6.1 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 email@example.com 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.
Formplus may terminate this license at all times by informing the software product user.
7.1 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); or
iv. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
v. Obtaining, collecting, storing or modifying other user's personal data or information; or
vi. Any other purpose or use of Formplus that qualifies as illegal or unauthorised in the user's jurisdiction or Formplus jurisdiction.
7.2 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 firstname.lastname@example.org specifying this. At this point, all personal data will be deleted.
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.
9. Applicable Law and Jurisdiction
9.1 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.
9.2 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.
10. 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.
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 email@example.com
- 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
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.
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 also has a 100% refund policy, so that you would be refunded in cases where you do not wish to continue with the service, provided you are yet to receive 10% of your allotted responses (or up to 100 responses for the Professional plan) within 30 days of your payment.
Our support agents would address all other questions or complaints. You can contact us directly at firstname.lastname@example.org or submit a ticket at help.formpl.us.
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.
Our agents will address all questions regarding the privacy of your data. Please contact us directly at email@example.com