Formhouse Terms of Service

1 . Agreement between user and Formhouse

Welcome to Formhouse.pro. These Terms of Use (the “Terms”) are a legally binding contract between you and Formhouse, Inc. The Formhouse.pro website and other services provided by Formhouse, Inc. (our “Services”) are comprised of various web pages operated by Formhouse, Inc. (“Formhouse”). This contract sets out your rights and responsibilities when you use our services. Using any of our Services (including just browsing one of our websites) is offered to you on condition on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Formhouse.pro constitutes your agreement to all such Terms. If you don't agree with the Terms, you may not use ours Services. Please read these terms carefully, and keep a copy of them for your reference.

Please note that Section 10. Disputes with Formhouse, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

Formhouse.pro is a service that accepts form submissions and sends emails. The service provides a backend for website forms that emails submissions to the user's email address.

2 . Privacy

Your privacy is important to us, and your use of Formhouse.pro is subject to Formhouse's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Formhouse customers may process user's personal information and are therefore considered separate and independent data controllers of buyer's personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a Formhouse customer accidentally discloses personal information contained in a submission, the customer, not Formhouse will be responsible for that unauthorized disclosure.

If, however, Formhouse and sellers are found to be joint data controllers of buyer's personal information, and if Formhouse is, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Formhouse for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification below for more information about your indemnification obligations to Formhouse.

3 . Electronic Communications

Visiting Formhouse or sending emails to Formhouse constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing and that your electronic agreement is the same as your signature on paper.

4 . Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Formhouse is not responsible for third party access to your account that results from theft or misappropriation of your account. Formhouse and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Formhouse does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Formhouse.pro only with permission of a parent or guardian. You are responsible for any and all account activity conducted by a minor on your account.

5 . Links to third party sites/Third party services

Formhouse.pro may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Formhouse and Formhouse is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Formhouse is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Formhouse of the site or any association with its operators.

Certain services made available via Formhouse.pro are delivered by third party sites and organizations. By using any product, service or functionality originating from the Formhouse.pro domain, you hereby acknowledge and consent that Formhouse may share such information and data with any third party with whom Formhouse has a contractual relationship to provide the requested product, service or functionality on behalf of Formhouse.pro users and customers.

6 . No unlawful or prohibited use/Intellectual Property

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Formhouse.pro strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Formhouse that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. This includes any local, state, federal, and international laws that may apply to you.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Formhouse or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

7 . Your use of our services

You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You are responsible for paying all fees that you owe to Formhouse. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree not to “crawl,” “scrape,” or “spider” any page of the Services. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

As a condition of your use of the Site, you agree that you will not use the Site in relation to any website that contains prohibited content (“Content”). This includes, but is not limited to the following Content:

Formhouse reserves the right to add or remove Content at any time. The final choice of whether an account is in violation of any of these policies is at the sole discretion of Formhouse.

We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Formhouse are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub- licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

8 . Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Formhouse.pro AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Formhouse AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Formhouse AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Formhouse, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Formhouse, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9 . Limitation of Liability

Under no circumstances will Formhouse be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or Formhouse have been advised of the possibility of such damages. Formhouse is not liable, and deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Services, your Formhouse Account, or Data, or your failure to use or implement anti-fraud measures, Security Controls, or any other data security measure. Formhouse further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Services inconsistent with the Documentation; (b) any unauthorized access of servers, infrastructure, or Data used in connection with the Services; (c) interruptions to or cessation of the Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (f) third-party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Formhouse under this Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to Formhouse during the three-month period immediately preceding the event that gave rise to your claim for damages.

10 . Chargeback/Refund Policy

Customer shall pay the fees applicable to the Paid Plan that Customer selected at the time of initial sign-up. Customer may opt to upgrade or downgrade to any other Paid Plan that Formhouse is currently offering at any time during Customer’s subscription term; provided that a downgrade will be not be effective until the renewal of subscription term.

All fees are non-cancelable and non-refundable, including in case of Customer’s termination of the subscription term. Customer pays in advance total fees for the subscription term, and in advance at renewal for any renewal term. No refunds will be provided for the unused portion of the subscription term or renewal term in case of termination. Following any termination, however, Customer will continue to have access to the Paid Plan Services through the end of Customer’s then- current subscription term.

Formhouse reserves the right to change the fees or to institute new charges or to otherwise change the terms of service applicable to the Paid Plans; provided, however, that any such changes will apply only (a) to new Services procured after the changes; and (b) to continuing Services for any renewal term(s) starting after notice of such changes was provided or such earlier time as Customer affirmatively accepts the modified terms.

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.

If an account is suspended for violation of Terms, Formhouse is not obligated to provide a refund, and will do so solely at its discretion.

11 . Termination/access restriction

Formhouse reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Formhouse as a result of this agreement or use of the Site. Formhouse's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Formhouse’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Formhouse with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Formhouse with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Formhouse with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

12 . Changes to Terms

Formhouse reserves the right, in its sole discretion, to change the Terms under which Formhouse.pro is offered. The most current version of the Terms will supersede all previous versions. Formhouse encourages you to periodically review the Terms to stay informed of our updates.