Terms

Introduction

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.

Fees

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.

Subscriptions

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.

Terms Of Use

Your Responsibilities

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.

• You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.
• You may not provide any individual under the age of 16 (or under a higher age as provided in certain countries or territories) with access to the Services.
• You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
• You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.
• You may not circumvent or attempt to circumvent any limitations that nFormr imposes on your use of our Services or your account(s) (such as by opening up a new account to create form that we have closed for a violation of our terms or policies).
• Unless authorized by nFormr in writing, you may not probe, scan, or test the vulnerability or security of the Services or any nFormr system or network.
• Unless authorized by nFormr in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
• You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law.
• You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
• You may not use the Services to infringe the intellectual property rights of others.
• Unless authorized by nFormr in writing, you may not resell or lease the Services.
• If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless nFormr has agreed with you in writing otherwise. You may not use the Services in a way that would subject nFormr to those industry-specific regulations without obtaining nFormr’s prior written agreement.
• We may offer content like images or video that are provided by third parties. You may use that material solely in your Content or Customer Data. nFormr may modify or revoke that permission at any time in our sole discretion. In using such material, you may not imply that your Content, Customer Data, or use of the Services are affiliated with or run or endorsed by any company, product, brand or service depicted in that material unless you have obtained their permission.
• You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns of reasonable users similar to you, including any usage that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. nFormr will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to nFormr which no longer causes such adverse effects.
• You must use a valid email address to register an account. You may not register accounts using a disposable or temporary email address, “bots,” or other unauthorized automated methods.
• You may not host or transmit content that is or contains false, inaccurate, or intentionally deceptive information that is likely to cause harm to the public or adversely affect the public interest (including health, safety, election integrity, and civic participation).
• If nFormr determines, in its sole discretion, that your usage of the Services causes damage to our brand or reputation, or results in an excessive volume of complaints, nFormr has the right to suspend or terminate your use of our websites and the Services.

Phishing and Security

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:

• attempts to collect, as determined in our sole discretion, social security numbers or similar government-issued identification numbers, credit card numbers (other than solely for collecting payment through an authorized payment processor as permitted by the Services), passwords, or other similar types of sensitive information;
• publishes a person’s identifying information without their consent;
• is intended to deceive or mislead respondents, including by linking to websites with malicious software such as malware;
• promotes or recruits for pyramid schemes, multi-level marketing campaigns, or work-from-home and other false earning scams;
• knowingly and artificially boosts or inflates a website or webpage’s search engine ranking or reputation, including by offering or selling social media "likes", followers, reviews, comments, or similar services;
• hosts content that is downloadable, live-streamed, or merely intended to solicit clicks to other sites.

Suspension, Account Closure, and Termination of Services

By You

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.

By Us

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.

Liability

Disclaimer

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