In these terms, "you" refers to those who use and/or interact with any or all of our products, services, and websites, and "we", "us", and "our" refer to nFormr. "Customer"(s) refers specifically to those who use nFormr services. "Form Responders" refers to those who fill in and/or submit forms used by our Customers.
You agree to pay to nFormr any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service at the time of your purchase and such fees may be updated from time to time.
Some of our Services are billed on a subscription basis (we call these "Subscriptions"). This means that you will be billed in advance on a recurring, periodic basis (each period is called a "billing cycle"). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team.
When you cancel your Subscription, you will be able to access the Service until the end of that billing cycle. Thereafter, you will no longer have access to the Service for that Subscription.
You are responsible for your Content, Customer Data, conduct, and communications with others while using the Services. You must comply with the following requirements when using the Services. If we become aware of Content or Customer Data that falls outside the bounds of what is acceptable under this policy, we may remove it and report it. We also take steps to prevent uses of our Services that are contrary to the spirit of this policy.
We strive to protect the security of all our users. We take specific measures to ensure respondents are not misled by forms used for fraudulent or malicious purposes. We will suspend any use of the Services or remove any Content or Customer Data which comes to our attention that:
You can cancel your Subscription and/or close your account at any time through your account management page. When you close your account, your Subscription will automatically be cancelled, your Services will be terminated, and you will no longer be able to access your account to use the Services and your Content will be deleted.
If you cancel a Subscription in the middle of a billing cycle, you will not receive a refund.
We may limit, disable, suspend and/or cancel your Subscription and terminate the Services and/or close your account for any of the following reasons:
(a) you have materially breached these Terms and failed to cure that breach within 30 days after we have so notified you in writing;
(b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days;
(c) you fail to pay fees for 30 days past the due date;
(d) you use the Services in a way that causes legal liability to us or disrupts others' use of the Services;
(e) we are investigating suspected misconduct by you, including illegal activity;
(f) we are required to do so to comply with applicable law.
If we limit, disable, suspend and/or cancel your Subscription and/or terminate the Services, depending upon the reason, we will, where possible, endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where we may decide that we need to take immediate action without notice. We will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
While it is in our interest to provide you with a great experience when using the services, there are certain things we do not promise about them. We try to keep our online services up, but they may be unavailable from time to time for various reasons. Except as expressly provided in these terms and to the extent permitted by applicable law, the services and any guidance or recommendations therein are provided "as is" and we do not make warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement or any representations regarding availability, reliability, or accuracy of the services.
To the extent permitted by applicable law, nFormr (including its affiliates and their officers, employees, agents, suppliers, and licensors) will not be liable for (a) any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, or (b) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), arising out of or in connection with the services and these terms, and whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose.
Last Update: January 4, 2023