By using Form-Data website located at https://www.form-data.com (the "Site") (collectively, the "Service"), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Form-Data ("we", "us", or "our") reserves the right to update and change the Terms of Service from time to time at our discretion without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms listed below may result in the termination of your Account. While we prohibit such conduct and Content on the Service, you understand and agree that we cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 18 years or older to use this Service, and the minimum of the legal age in your country.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your name, a valid 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. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your 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 or trademark laws).
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- We don’t pre-screen Content, but we have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Service.
Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
You expressly understand and agree that Form-Data shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. Form-Data, in its sole discretion, will determine abuse or excessive usage of the API. Form-Data will make a reasonable attempt via email to warn the account owner prior to suspension.
Form-Data 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, unless a coupon code granting free usage for a period of time is used during the upgrade process.
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. Form-Data does not accept any liability for such loss.
Cancellation and Termination
Form-Data, 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, 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. Form-Data reserves the right to refuse service to anyone for any reason at any time.
You are solely responsible for properly canceling your account. You can cancel your account at any time by contacting email@example.com and work through the process to cancel.
All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all this content will be permanently deleted our service. This information can not be recovered once it has been permanently deleted.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
Modifications to the Service and Prices
Form-Data 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 Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to Form-Data Site (www.form-data.com) or the Service itself. Form-Data shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
We make efforts to provide support to all Users through email and the chat widget available in the Site. However, support is only guaranteed to be provided to paying account holders and only via email.
You understand that Form-Data 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 or with Form-Data.
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 Form-Data.
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 Form-Data 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 Form-Data) of other Form-Data customers, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.
Form-Data does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Form-Data 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 Form-Data has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Form-Data 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 Form-Data and govern your use of the Service, superceding any prior agreements between you and Form-Data (including, but not limited to, any prior versions of the Terms of Service).
Disclaimers and Limitation of Liability
To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied in respect of the Service and you use the Service at your own risk.
You agree that neither we or our Associates shall be liable for any Losses which you may sustain however arising and whatever the cause, in particular pursuant to your or any 3rd Party’s use of, access to and/or interference with the Service.
You also agree that our liability to you pursuant to these Terms of Service shall furthermore be limited to the total amount of the fees you paid for your Form-Data Service use during the period of time that any alleged loss has been caused.
Governing Law and Jurisdiction
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Israel. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the court located in Tel-Aviv, Israel.
If you have any questions about these Terms of Service, please contact firstname.lastname@example.org.