Terms of Service


Overview

By using the Formester.com web site (the "Site"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Formester.com ("Formester") provides online form creation, storage and team notification features. The Site provides form templates, user friendly guides, website code, and back-end notification features, including options for integrating forms into existing websites and tools for delineating required information within forms (the "Service").

Formester reserves the right to update and change the Terms of Service from time to 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. Formester makes no representation or warranty that any information provided, regardless of its source (the "Content"), is accurate, complete, reliable, current, or error-free.

Violation of any of the terms below will result in the termination of your Account. While Formester prohibits illegal conduct and Content on the Site, you understand and agree that Formester cannot be responsible for the Content posted on the Site and you nonetheless may be exposed to such materials. You agree to use the Site and Service at your own risk.

Account Terms

You must be 13 years or older to use this Site and Service. You may use our Service only if you can form a binding contract with Formester, and only in compliance with these Terms and all applicable laws. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

You must provide a valid, accurate email address and any other information requested in order to complete the signup process.

You are responsible for maintaining the security of your account and password. Formester 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.

One person or legal entity may not maintain more than one free account.

You may 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).

API Terms

Customers may access their Formester account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Formester, is bound by the terms of this agreement plus the following specific terms:

  • You expressly understand and agree that Formester shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Formester has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. Further limitations and clarifications of Formester's liability are found below in the sections titled "WARRANTY DISCLAIMERS" AND "LIMITATION OF LIABILITY."
  • Abusive or excessively frequent requests to Formester via the API may result in the temporary or permanent suspension of your account's access to the API. Formester, in its sole discretion, will determine abuse or excessive usage of the API. Formester will make a reasonable attempt via email to warn the account owner prior to suspension.
  • Formester reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading and Downgrading Terms

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.

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. Formester does not accept any liability for such loss. For more information about liability limitations, see our sections below titled "Warranty Disclaimer" and "Limitation of Liability".

Cancellation and Termination

Formester, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Formester service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Formester reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Formester reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30-day's notice from us. Such notice may be provided at any time by posting the changes to the Formester Site (https://formester.com/terms-of-service) or the Service itself.

Formester shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright, Intellectual Property Rights and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

Formester does not pre-screen Content, but Formester and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Formester. You may not use the Formester name without express written permission from Formester.

Formester respects the intellectual property of others and asks that users of our Services do the same. Formester is not responsible for content on other web sites that you may find or access when using Formester products or Services. Content available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. With respect to your use of such content, the terms of use of those web sites, and not the Formester Terms of Service, govern.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

Technical support is only provided to paying account holders and is only available via email.

You understand that Formester uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Formester, or any other Formester service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Formester.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Formester customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not transmit any worms or viruses or any code of a destructive nature.

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

The failure of Formester to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Formester and govern your use of the Service, superseding any prior agreements between you and Formester (including, but not limited to, any prior versions of the Terms of Service).

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FORMESTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FORMESTER 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. FORMESTER 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 FORMESTER 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.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, FORMESTER IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF FORMESTER HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FORMESTER'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM FORMESTER, AND IF NO PURCHASE HAS BEEN MADE BY YOU, FORMESTER'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Contact

Questions about the Terms of Service should be sent to support@formester.com.