These Terms of Use are effective as of May 25th, 2018.
2m Networks Ltd (T/A forms2), located at Oaktree Court Business Centre, Mill Lane, Ness, Cheshire, CH64 8TP, and affiliates (hereon referred to as “forms2”, “Us” or “We”) provides forms2 products, services and websites (collectively the “forms2 Service”) to you, our customer, and to all other persons authorised by you to use or access the forms2 Service on your behalf (collectively “you”), subject to your compliance with all terms, conditions and notices contained or referenced in this document (the “Terms”).
IMPORTANT NOTE: These Terms do not apply if you have formally executed a forms2 Vendor Agreement with us.
Please read these Terms carefully. By using the forms2 Service, you are stating that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the forms2 Service. If you require a Vendor level agreement, please contact us to request this option.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your app designs and data, to which forms2 agrees you retain all rights) of the forms2 Service, use of the forms2 Service, or access to the forms2 Service. If you wish to pursue resale of the forms2 Service, contact our support team to discuss our Vendor options.
You agree not to use the forms2 Service to violate any local, state, national, or international law or regulation.
forms2 does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you create, submit or make available for inclusion on or through the forms2 Service (your “App Data“). As between forms2 and you, you own all rights to your App Data. forms2 does not review apps that you create and you agree that you are solely responsible for all of your App Data.
(a) User License Fees.
Each user that is registered on the forms2 Service is subject to a recurring user licence fee. User license fees are charged at the rates shown in the Billing area of the forms2 website. We license on a per named user (i.e. each individual person by email address) basis by default. We do not allow generic/shared user accounts and we do not offer concurrent (floating) licensing. As such there is no concept of “reusing licenses”, this doesn’t apply given the status-driven, named user nature of our billing. Any non-compliance will be raised with you, and ongoing failures to rectify your user license assignments will result in account suspension.
(b) Subscription and Service Fees.
Any additional subscriptions and/or services that you select are provided at the rates set forth in the Billing area of the forms2 website.
(c) Invoicing and Automatic Renewal.
forms2 bills on either the first day or twenty fifth day (dependant upon your agreement with us) of every month for all existing users and services enabled on your account. We will promptly generate invoices for this billing and will charge your registered credit card, or submit a Direct Debit request, on the invoice due date. Your forms2 licenses, subscription and/or services will automatically renew on the first day or twenty fifth day (dependant upon your agreement with us) of each month until you cancel your account, which is done by cancelling your subscription within our billing portal or emailing our support team (dependant upon your agreement with us).
Optional paid services such additional User Licenses, Custom Mobile Apps, Bolt-ons or features provided by the Site are available on the Site (any such services, an “upgrade”). By selecting an Upgrade you agree to pay us the monthly or discounted long-term subscription fees indicated for that service. Payments will be charged on a pre-pay basis the day that you sign up for an Upgrade and will cover the use of that service for a monthly or long-term subscription period as indicated. On monthly plans we prorate your first month to bring you in line with our billing cycle which occurs on the 25th of each month.
All funds will be paid in Great British Pounds (GBP) or United States Dollars (USD). You are responsible for any additional fees and costs incurred as a result of exchange rates and your agreement with your credit card provider.
(d) Value Added Tax, Sales Tax and Other Amounts.
Unless otherwise expressly stated, all fees are exclusive of local value added tax, sales tax, other taxes, duties and charges imposed or levied in connection with these Terms (“Taxes”). forms2 will add any such applicable Taxes to your invoices as required by prevailing legislation. Without limiting the foregoing, you will be liable for any new Taxes imposed or levied in any relevant jurisdiction subsequent to commencing your forms2 Service account.
(e) Fee Review.
forms2 may periodically review fees, at which point forms2 may increase or amend any such fee. Such reviews will occur no more than once within a continuous 12 month period. Where there is any net increase in the fees payable, forms2 shall give no less than 30 days written notice to you of such increase.
The default option for paying your forms2 fees is by credit card. When paying by credit card, you warrant that the credit card information you provide is correct and you shall promptly update your credit card information if this changes. If you cannot pay by credit card, contact our support team to request special dispensation to pay your fees by electronic funds transfer (EFT) or international money transfer (IMT). You agree that if your payment is not received by the invoice due date, for any reason, forms2 may suspend or cancel your forms2 subscription.
If you choose to downgrade, upgrade or otherwise change your forms2 users, services or subscriptions, this may cause the loss of features or capacity on your account. To the extent permitted by applicable law, forms2 does not accept any liability for such losses. Changes you make will usually only take effect from your next billing date.
You agree that:
(a) forms2 may terminate your account immediately if an app you created on the forms2 Service is found to be linked or otherwise used inside or in connection with an unsolicited email.
(b) You will not use the forms2 Service or any apps you create using the forms2 Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others. Any account reported or found doing so will be immediately suspended.
(c) forms2 may terminate your forms2 Service immediately if an app you create is found to be deceptively or without proper authority obtaining sensitive or personal information (for example credit card details, social security numbers, user login credentials). All such activities are considered as Phishing and any account along with the violating apps and data will be suspended immediately.
You may not use the forms2 Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are solely responsible for compliance with any data protection and privacy laws and regulations applicable to the sensitive information.
If you collect personal data in or from any person resident (or normally resident) in Europe or the United Kingdom, your actions occur under the prevailing EU data protection and privacy regulations and you are likely considered to be a “data controller”. You agree to ensure that your use of the forms2 Service is compliant with prevailing EU data protection regulations. Should you qualify as a data controller under prevailing EU data protection and privacy regulations, you also acknowledge and agree to the forms2 Data Processing Agreement, available at https://forms2mobile.com/dpa and as updated from time to time.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any mobile device owned or controlled by you, your customers or any other Service users.
By using forms2 Services you indicate acceptance of these terms and agree to our Privacy Policy.
You agree that forms2 shall process data on your behalf as necessary to provide you with the forms2 Service, in accordance with our Privacy Policy, applicable data protection and privacy laws and, where applicable, the forms2 Data Processing Agreement.
forms2 respects the intellectual property rights of others. Accordingly, forms2 has a policy of disabling access to any forms2 customer that violates copyright law, suspending access to the forms2 Service to any user who uses the forms2 Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user or customer who uses the forms2 Service in violation of copyright law.
The phrase “forms2” and the forms2 logo are registered trademarks of 2m Networks Ltd. You are not authorised to use any such trademarks unless you have explicit written permission from us. Ownership of all such trademarks and the goodwill associated therewith remains with forms2. Apple, the Apple logo, iPhone, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC.
You agree that forms2 may terminate your forms2 Service membership or suspend your access to all or part of the forms2 Service, without notice, if forms2 determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that forms2 shall not be liable to you or any third party for removing your apps or suspending or terminating your access to the forms2 Service. You may discontinue your participation in and access to the forms2 Service at any time, in which case any pre-paid payments are non-refundable and any pending payments must be settled with us.
forms2 may, in its sole and absolute discretion, change these Terms from time to time. forms2 will post notice of such changes on the forms2 website. If you object to any such changes, your sole recourse shall be to cease using the forms2 Service. Continued use of the forms2 Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
forms2 reserves the right to modify or discontinue the forms2 Service with or without notice to you. forms2 shall not be liable to you or any third party should forms2 exercise its right to modify or discontinue the forms2 Service.
By giving your email address to forms2, you agree to receive administrative, announcements, newsletters, sales, and marketing emails from forms2. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
forms2’s provision of a link to forms2 resources and/or any other website or internet resource is for your convenience only and does not signify forms2 endorsement of such other web site or resource or its contents. forms2 shall have no responsibility or liability for any information, software, or materials found at any other web site or internet resource.
forms2 goes to great lengths to ensure successful delivery of emails, push notifications and other messages generated on or by the forms2 Service, however we do not guarantee successful delivery of these. You agree that forms2 cannot be held responsible for any consequences of such delivery failure. This is because delivery is not solely controlled by forms2 and is subject to a number of points of failure which can prevent delivery. See our support site for more information about why delivery cannot be guaranteed.
You agree that access to the forms2 Service is reliant upon various factors outside of forms2’s control, including, without limitation, your internet service provider, global telecommunications links, our hosting and other service providers, and other factors which may impact upon the availability of the forms2 Service. While we will use all reasonable endeavours to ensure that you have continuous access to the forms2 Service and apps created thereon, we will not be liable to you or any other person for any loss or damage caused by unavailability of the forms2 Service.
You understand and expressly agree that use of the forms2 Service is at your sole risk. The forms2 Service is provided on an “as is” and “as available” basis. forms2 expressly disclaims all warranties of any kind, whether express or implied, with respect to the forms2 Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). forms2 makes no warranty that the forms2 Service will meet your requirements, or that the forms2 Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of forms2 is done at your own discretion and risk and that you will be solely responsible for any damage or consequential losses arising therefrom. No advice or information, whether oral or written, obtained by you from forms2 or through the forms2 Service shall create any warranty not expressly made herein.
You understand and expressly agree that, to the extent permitted under applicable law, in no event will forms2 or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the forms2 Service.
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than injunctive legal actions, jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that forms2 may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of forms2 liability shall be the minimum permitted under such applicable law. Unless expressly provided otherwise, the limitation of liability shall not exceed the amount of the fees paid by you to use for the provision of the forms2 Service.
You agree to indemnify, defend, and hold harmless forms2, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the forms2 Service, (b) your (or anyone using your account’s) use of the forms2 Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
You may not sign up to the forms2 site or service if you are currently employed by, or otherwise associated with, one of our identified competitors. This is to protect us against violation of intellectual property and to protect you from potential litigation by forms2.
These Terms constitute the entire and exclusive and final statement of the agreement between you and forms2 with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and forms2 with respect to the subject matter hereof. These Terms and the relationship between you and forms2 shall be governed by the laws of the United Kingdom as applied to agreements made, entered into, and performed entirely in the United Kingdom by United Kingdom residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the forms2 Service shall be brought before a court of competent jurisdiction located in the United Kingdom and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of forms2 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of forms2 and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the forms2 Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the forms2 Service.
