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Terms of Service

Effective Date: 19/11/2018

Welcome to Getform! Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://getform.org web site (the "Service") operated by Getform inc ("us", "we", or "our").

GENERAL INFORMATION

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

These Terms of Service are a resource for you to have a deeper understanding of how our Products and Services work, including the kinds of data we collect, the way we bill, how we interact with you and other useful details. We encourage you to revisit these Terms of Service when you have a question about the Products and Services or want to know how something works. We hope you enjoy your Getform experience.

ACCOUNTS

When you create an account with us you must provide a valid email address and any other information that is accurate, complete, and current at all times to complete the signup process. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

  • You must be 13 years or older to use this Site and Service
  • You must be a human, accounts registered by "bots" are not permitted and in the case of determining these accounts will be deleted immediately.
  • You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. Getform cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account
  • You can not create and own more than one free account.
  • You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  • You can not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You can not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Account contested by 2 or more parties

In the case of an account being contested by 2 or more parties, Getform will determine whom to grant ownership of the account to in the following way:

  • a) Ownership of a Premium accounts: the ownership of a PRO accounts will be granted to whichever party made the most recent payment in the account unless proven otherwise.
  • b) Ownership of a free account: the ownership of a FREE account will be granted to whichever party originally signed up for the account unless proven otherwise.

API Calls and Compliance

Getform may, at its sole discretion, provide keys for APIs and in that process set limits on the number of API calls that you can make, for example in the interest of service stability. If you exceed these limits, Getform may throttle your activity or cease offering you access to the Getform APIs altogether. You agree to such limitations and will not attempt to circumvent such limitations. Getform may immediately suspend or terminate your access to the Developer's Tools without notice if Getform believes, that you are in violation of this Agreement or the Terms.

PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS

We have the right to ask for fees for our services. You’ll need to pay those fees (plus anything owed), as set out in the specific conditions for the service or package you choose.

All paid plans must enter a valid credit card. Free accounts are not required to provide credit card details. An upgrade from the free plan to any paying plan will immediately bill you. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Getform does not accept any liability for such loss.

CANCELLATION OR TERMINATION

You may terminate this Agreement by requesting Your Account to be deactivated and deleted while logged into the Service. If you terminate your Getform Account you may still be able to access certain portions of the Service, but you will not have access to certain features and Content that are available to Getform Account holders.

Getform may also terminate Your right to use the Site and/or Services with or without cause at any time. Getform shall notify You via email to Your registered email account if We terminate Your Account. Your obligation to pay accrued charges and fees accrued up to the date of termination shall survive any termination of this Agreement. Upon expiration of the Subscription Term, or termination, howsoever occasioned, Your Subscription Plan shall immediately terminate and consequently, You may make use of the free version of the Service.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHT

We do not claim any rights over the material and information you provide to Getform. Your profile and materials will remain yours.The look and feel of the Service is © 2018 Getform. All rights reserved. The name and logos of Getform are trademarks of Getform. All rights reserved. These trademarks cannot be used without the permission of Getform.

The Products and Services, including all content, included on our user interfaces, or delivered to members as part of the Products and Services, including, but not limited to, source code(HTML/CSS, Javascript), data compilations, software, visual design elements and concepts are the property of Getform and protected by international copyright, trade secret or other intellectual property laws and treaties.

UPLOADING CONTENT TO OUR SITE AND SERVICES

You accept that the Getform Services may display content provided by others that is not owned by Getform. Such content is the sole responsibility of the entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Getform is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

You should also acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, Getform may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates the Content Standards under these Terms and Conditions of Use. Getform reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or the Content Standards under these Terms and Conditions of Use or any Specific Condition. However, the you accept that Getform has no obligation to monitor or review any content submitted to the Services.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHT

These content standards (“Content Standards”) apply to any and all material which you contribute to our Site (“contributions”), and to any Services associated with it. You must comply with the spirit and the letter of the Content Standards as set out below. The Content Standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • - Be accurate (where they state facts).
  • - Be genuinely held (where they state opinions).
  • - Comply with applicable law from which country they are posted.

Contributions must:

  • - Contain any material which is defamatory of any person.
  • - Contain any material which is obscene, offensive, hateful or inflammatory.
  • - Promote sexually explicit material, violence or abuse, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or promote any illegal activity
  • - Infringe any copyright, design, database right, trademark, patent or other intellectual property rights of any person.
  • - Be misleading, inaccurate, fraudulent or likely to deceive any person.
  • - Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • - Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • - Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • - Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

If your bandwidth usage exceeds 500 MB/month or significantly exceeds the average usage as determined solely by us, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.

CANCELLATION OR TERMINATION

Our Site and/or Services may include links to certain websites, materials, or c ontent developed by Third Parties and not owned or controlled by Getform. Getform has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

You further acknowledge and agree that Getform shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. Use of any such linked material shall be at Your own risk. Getform reserves the right, in its sole and absolute discretion, to discontinue links to any other material at any time and for any reason. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

SERVICE AND PRICE MODIFICATIONS

We reserve the right, at our sole discretion, to change, modify or discontinue the Service permanently or temporarily with or without notifying you. Getform can make changes on prices or services without being liable to you or any third party.

REPORTING MISUSE OF GETFORM

If you spot any misuse or abuse of Getform services on any website or platform, please report it to us from our Contact page or send an email to help@getform.io. We have the right to remove content from the service, but we’re under no obligation to do so. If anyone’s causing any mischief or mayhem, we might limit, suspend, or delete Getform accounts and take legal steps if needed.

CHANGES TO THIS TERMS OF SERVICE

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. Any new features that augment or enhance the Site, including the release of new tools and resources relating to the Service, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://getform.io/legal/terms

DISCLAIMER

THE MATERIALS CONTAINED ON THE GETFORM SITE AND SERVICES ARE PROVIDED “AS IS”. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GETFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. GETFORM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. GETFORM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GETFORM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.

CONTACT US

You can reach us out for your questions or comments regarding this Terms of Service from our Contact page or email to help@getform.io

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