Terms & conditions
By accessing this website, the Formaloo platform, and any of the formaloo apps, you are agreeing to be bound by the General Terms and Conditions outlined in the Formaloo website Formaloo.com (herein referred to as “Formaloo”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Please read these general terms of use carefully before using the site. If you do not agree with any of these terms, please refrain from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark laws.
These terms govern how you may access and use: (i) formaloo.com, its subdomains, and any other website where these Terms are posted; (ii) Formaloo’s online hosted services; and (iii) Formaloo’s “Software,” meaning, collectively, our browser extensions, integrations, mobile applications, other downloadable apps, application programming interfaces (“APIs”), and tools and documentation ((i) through (iii) collectively, our “Service” or “Formaloo”).
Please read these terms carefully to ensure that you understand each provision. By creating an Formaloo account, clicking “sign up”, “sign up with google”, “sign up for free”, “submit”, or the like indicating acceptance electronically, agreeing to these terms in an order form or other ordering document referencing these terms, or by accessing or using Formaloo, whether or not you are a registered user of Formaloo, you signify that: (I) you have read, have understood, and agree to be bound by these terms; (ii) you have read, understand, and agree to comply with our acceptable use policy, as updated from time to time (“acceptable use policy”) and is incorporated into these terms by reference; and (iii) you have read, understand, and acknowledge our privacy policy, which is available at https://www.formaloo.com/en/privacy-policy/ (“Privacy policy”). We reserve all rights not expressly granted under these terms.
If you are an individual and you access or use Formaloo on behalf of a company, organization, principal, or other entity, such as your employer (each, together with its affiliates, an “Organization“), then: (i) these Terms of Service are an agreement between us and you and us and that Organization; (ii) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have the authority, you may not access or use Formaloo); (iii) your acceptance of these Terms will bind such Organization to these Terms; (iv) your individual right to access and use Formaloo may be suspended or terminated (and ownership and administration of your Formaloo Account may be transferred) if you cease to be associated with, or cease to use an email address associated with, owned by, or provisioned by, that Organization; (v) we may disclose information regarding you and your use of the Service, including Your Content (defined below), to such Organization, or to appropriate individuals associated with that Organization; and (vi) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for Formaloo using an email address associated with, owned by, or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of Formaloo (or reimburses you for payment of such fees), or otherwise, then we may deem you, in our sole discretion, to be accessing and using Formaloo on behalf of that Organization. You represent and warrant that all information that you provide to us regarding any Organization on whose behalf you use Formaloo, including information identifying other users associated with such Organization or email domains owned by such Organization, is and at all times will be truthful, accurate, and complete, and that you will immediately notify us should any such information change or no longer be truthful, accurate, or complete.
Eligibility
You may use Formaloo only if you can form a legally binding contract with us (and on behalf of your Organization as applicable), and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
To use Formaloo, you must be at least 16 years old, and in some circumstances even older (please check your local law for the age of digital consent). You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms, or, if you are unable to form a binding contract under applicable law, you represent and warrant that you have your parent’s or legal guardian’s permission to use Formaloo, and that your parent or legal guardian is agreeing to these Terms concurrently.
If you are a parent or legal guardian of a Formaloo user who is unable to form a binding contract under applicable law, you are agreeing to these Terms and you are responsible for such Formaloo user’s activity on Formaloo. Formaloo is not available to any users who were previously removed from the Service.
Access, Restrictions, and Use
To the extent you receive our Software, subject to your compliance with these Terms, during the applicable Subscription Term, we grant to you a non-exclusive, non-transferable, non-sublicensable right and license to use our Software solely as reasonably necessary for your use of Formaloo in accordance with these Terms.
Permission is granted to use Formaloo’s platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, a user may not:
- Modify or copy the information, software, technology, and data (herein referred to collectively as “materials”)
- Use the materials for any commercial purpose or for any public display (commercial or non-commercial)
- Any invasion of people’s privacy and trying to collect any private information such as passwords, bank info, etc.
- Attempt to decompile or reverse engineer any software contained on the Formaloo
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or “mirror” the materials on any other server
Use of Formaloo is not permitted in certain regions subject to the EU and United States sanctions and export control laws and regulations. You understand and acknowledge that Formaloo may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control and trade and economic sanctions laws, including the Export Administration Regulations maintained by the EU, the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the U.S. State Department.
Neither you, nor any person to which you make Formaloo available or that is acting on your behalf, or, if you are an Organization, any of your subsidiaries, or any of your or their directors, officers or employees, or any person owning 50% or more of your equity securities or other equivalent voting interests, is (i) a person on the List of Specially Designated Nationals and Blocked Persons or any other list of sanctioned persons administered by OFAC or any other governmental entity, or (ii) located within or a resident of, or a segment of the government of, any country or territory for which the United States maintains trade and economic sanctions or embargoes.
Subject to your compliance with these Terms, you may access and use Formaloo during the Subscription Term (defined below), except as may be limited by your Organization as described above. Except as we otherwise agree in writing or to the extent a restriction is prohibited by law, you agree not to do, and not to assist, permit or enable any third party or Application (defined below) to do, any of the following:
- disassemble, reverse engineer, decode, or decompile any part of Formaloo;
- use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record Formaloo;
- copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter, or create derivative works of any part of Formaloo or any of our Intellectual Property (defined below);
- use Formaloo in a manner that impacts: (i) the stability of our servers; (ii) the operation or performance of Formaloo or any other user’s use of Formaloo; or (iii) the behavior of other applications using Formaloo;
- use Formaloo in any manner or for any purpose (including, without limitation, by providing Formaloo with access to any Content) that: (i) violates or promotes the violation of any applicable law, regulation, legal requirement, contractual obligation, or right of any person including, but not limited to, intellectual property rights, rights of privacy, or rights of personality; (ii) is fraudulent, false, deceptive, or defamatory; (iii) promotes hatred, violence, or harm against any individual or group; (iv) otherwise may be harmful or objectionable (in our sole discretion) to us, our providers, our suppliers, or our users;
- overload, flood, spam, or mail-bomb the Service; or otherwise use the Service in a manner that interferes with or creates an undue burden on the Service, including by sending unsolicited communications, promotions, advertisements, or spam;
- use or display Formaloo in competition with us, to develop competing products or services, for benchmarking or competitive analysis of Formaloo, or otherwise to our detriment or disadvantage;
- attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running Formaloo;
- transmit viruses, worms, or other software agents through Formaloo;
- impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use Formaloo for any invasive or fraudulent purpose;
- share passwords or authentication credentials for Formaloo, or otherwise circumvent the measures we may use to prevent or restrict access to Formaloo or enforce limitations on use of Formaloo; or
- identify or refer to us or Formaloo in a manner that could reasonably imply an endorsement, relationship, or affiliation with or sponsorship between you or a third party and us, other than your permitted use of Formaloo under these Terms, without our express written consent.
Formaloo Accounts
Your account/workspace on Formaloo (your “Formaloo Account“) gives you access to the services and functionality that we may establish and maintain from time to time. We may maintain different types of Formaloo Accounts for different types of users. You acknowledge and agree that you do not own your Formaloo Account.
You’re prohibited to use another user’s Formaloo Account. You are solely responsible for the activity that occurs on your Formaloo Account, and you must keep your Formaloo Account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your Formaloo Account. Any individual with administrator-level access to your Formaloo Account can modify your Formaloo Account settings, access, and billing information. We will not be liable for any losses caused by any unauthorized use of your Formaloo Account, or for any changes to your Formaloo Account, including your ability to access your Formaloo Account or Your Content (defined below), made by any individual with administrator-level access to your Formaloo Account.
You may control certain aspects of your Formaloo Account profile and how you interact with Formaloo by changing the settings in your settings page. If you provide us with your email address, we may use the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other marketing or advertising messages, such as changes to features of Formaloo and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by logging into your profile with the email address associated with your Formaloo Account, or by clicking the unsubscribe link within each marketing or advertising message. Opting out will not prevent you from receiving Service-related notices.
Disclaimer
The material on Formaloo is provided “as is”. Formaloo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Formaloo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Formaloo website or otherwise relating to such materials or on any sites linked to this site.
Content
As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through Formaloo (“Your Content“). For an Organizational account, we may assume, in our sole discretion, that all of Your Content belongs to that Organization. Notwithstanding the foregoing, you acknowledge and agree that we may retain, take possession of, delete, or deny you access to Your Content if we believe, in our sole discretion, that some or all of Your Content, or your use of Formaloo, violates these Terms.
You (on behalf of yourself and your Organization, if applicable, and your other licensors) grant, and you represent and warrant that you have all rights necessary to grant, us an irrevocable, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, and display Your Content: (i) to provide, maintain, improve, and optimize use of Formaloo; (ii) to perform such other actions as authorized by you in connection with your use of Formaloo; and (iii) for any other purpose consistent with the Privacy Policy.
If you are an individual using Formaloo on behalf of an Organization and are collaborating with other employees or other individuals who have access to Your Content under your Formaloo Account, or if you share Your Content with other individuals within or outside of such Organization, the content on your Formaloo Account that you make available to such other individuals (as well as other information, such as the names and contact information of other individuals who have access to your workspace(s) or Your Content within Formaloo) will be visible, accessible, and, depending on their designated level of access, editable by such individuals.
You can remove Your Content from your Formaloo Account by deleting it. However, in certain instances, some of Your Content may not be completely removed. We are not responsible or liable for the removal or deletion of any of Your Content, or any failure to remove or delete such content.
In connection with Your Content, you represent and warrant that: (i) you have all necessary rights, licenses, and consents to provide, receive, access, and/or use Your Content and any other content you provide, receive, access, and/or use through or in connection with Formaloo; and (ii) Your Content and our use thereof as contemplated by these Terms and our Service will not violate any law or infringe any rights of any third party, including any intellectual property rights and privacy rights.
We take no responsibility and assume no liability for Your Content. You shall be solely responsible for Your Content and the consequences of posting it, publishing it, sharing it, or otherwise making it available on Formaloo. You shall be solely responsible and indemnify us for Your Content.
Service limits
We make our best efforts to ensure that the Site and/or the Services are available and fully functional. However, and to the maximum extent permitted under applicable law we do not warrant that the Site and/or the Services will always be available, undisrupted, and error-free. In particular but without limitation, we shall not be held liable in the event of:
-Technical errors preventing their regular use and caused by force majeure circumstances, acts of God, or otherwise;
-Maintenance works impacting the availability and access of the Site and/or the Services;
-Damages based on the contents of the Site and/or the Services;
-Wrongful use of the Formaloo and/or the Services, or use contrary to the law, these terms, or any other agreement between you and the Company;
-Unauthorized third-party access to the Site and/or the Services;
-Conflicts that arise between you and other users of the Site; or
-Contents uploaded by you to the Site.
In no event shall Formaloo or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Formaloo website, even if Formaloo or a Formaloo authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on the Formaloo website could include technical, typographical, or photographic errors. Formaloo does not warrant that any of the materials on its website are accurate, complete, or current. Formaloo may make changes to the materials contained on its website at any time without notice. Formaloo does not make any commitment to update the materials.
Modifications
Formaloo will be updated on a regular basis which can include changes to the content from time to time. We may revise these terms of use for its platform at any time without notice. By using this website and Formaloo, you are agreeing to be bound by the General Terms and Conditions on this page, which may change or be updated by Formaloo without notice. You are expected to check this page to take notice of any changes made, as they are binding on the user.
Code of Conduct and Prohibited Use
Formaloo requires users to comply with a standard of conduct that includes the following:
- Users will provide accurate facts and figures
- Users will not contribute, post, distribute, re-distribute or share material that is defamatory, offensive, or illegal
- Users will not advocate or promote political agenda or political activities
- Users will not breach any legal duty before the use of the website such as compliance with commercial licensing, contractual terms with third parties, or seeking government permits
- Users will ensure they do not infringe any copyright or trademark of any third party or person, and they do not impersonate, misrepresent or plagiarise any third party or person
You may use the Formaloo strictly for lawful purposes. You are responsible to ensure that you do not use the Formaloo in any way to:
- Breach of any applicable local, national, or international law or regulation
- Have any fraudulent purpose or effect
- Transmit, or procure the sending of, any spam
- Transmit any data or material that contains harmful programs or computer codes
- Not access without authority, interfere, damage, or disrupt any part or material of our website
Links
Formaloo has not reviewed all of the sites linked to the Formaloo website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Formaloo of the website. Use of any such linked website is at the user’s own risk.
Intellectual Property
Formaloo owns all intellectual property rights on the Formaloo. Formaloo reserves rights to all the material on the Formaloo. Users may print copies or download extracts of the Formaloo website pages for personal reference and to inform the organization and affiliates of the material, terms, and conditions on the Formaloo website. Users can not print copies or download extracts for commercial purposes without prior permission from Formaloo. Please contact info {@} Formaloo.com for permission.
Responsibility for Your Applications (Web, Mobile, forms, bots, etc.)
You are solely responsible for all maintenance and support for your Applications, and you will ensure that your Applications comply with all applicable laws and regulations, including applicable privacy, data security, advertising, and marketing laws and regulations, and with all technical and compatibility requirements provided in our documentation. We disclaim all responsibility and liability related to your Applications. You must make any use of your Applications by third parties (including other Formaloo users) subject to a privacy policy that is conspicuously posted within your Applications. Your Application’s privacy policy, and any terms and conditions governing your Application, must comply with applicable law and accurately and plainly describe your and our collection, use, storage, and sharing of such users’ personal and confidential data in connection with your Applications and our Service. For clarity, you will retain ownership of your Applications, subject to our rights in our APIs and our Service. We reserve the right to audit your Applications to determine whether they violate these Terms.
Product Trials
In our sole discretion, we may make available to you certain product features on a trial basis, and such trial may be designated by us as an alpha, a beta, a pilot, a limited release, a test period, a developer preview, or an evaluation, or using another similar term (“Product Trial”). You may participate in any Product Trial, subject to these Terms and any additional terms and conditions made available by us. You acknowledge that product features made available to you as part of a Product Trial (“Trial Features”) might contain bugs, errors, or omissions. Trial Features are provided to you for testing purposes only, on an “AS IS” basis, without any warranty, liability, indemnity, or performance obligations. Trial Features are not subject to any service level agreements or support commitments. Trial Features might never be made available for general use or otherwise be provided in a future version of our Service, and we may discontinue Trial Features, or revoke your access to Trial Features, at any time for any or no reason, in our sole discretion, without any liability to you. Discontinuing Trial Features, or making Trial Features inaccessible to you, may have the effect of making some or all of Your Content inaccessible to you.
All Payments and Subscription Plans
We may offer plans that you may sign up for that allow you to use certain aspects of Formaloo, either for free or for a fee (a “Subscription Plan“). We may change Subscription Plans, including by offering new services or features for additional fees and charges or by adding or amending fees and charges for existing Subscription Plans, in our sole discretion. Any change to a Subscription Plan’s pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms. Subscription Plans may set allotments for use of designated Service aspects. Use of Service aspects in excess of a Subscription Plan’s designated allotment may result in (additional) fees, and such fees will be included in a true-up invoice or charged automatically via the payment method associated with your Formaloo Account (“Payment Method“).
Billing and Payment
For any paid Subscription Plan, you agree to make payments, and we may automatically charge your Payment Method, as described below, for so long as your Formaloo Account remains active. Subscription Plans may be offered for a set subscription period (each such period, a “Subscription Term“). If you elect to sign up for a paid Subscription Plan, you agree to the pricing and payment terms specified at checkout, at www.formaloo.com/pricing, or as otherwise posted or communicated to you, as we may update them from time to time. You must provide Formaloo with a current, valid, accepted Payment Method. When you initiate a purchase transaction, you authorize us to provide your payment information to third parties so we can complete your transaction and to charge your Payment Method, in United States dollars, for the type of transaction you have selected (plus any applicable taxes and other charges) and any applicable recurring charges as described below. You will pay applicable taxes, if any, relating to any such transaction and are also responsible for any payment-related fees such as wire transfer fees, credit card processing fees, and foreign transaction fees. We currently use Stripe as our third party service provider for payment services, and by using Formaloo you agree to be bound by Stripe’s Services Agreement, currently available at https://stripe.com/us/legal. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms.
Renewals
Your subscription continues until canceled by you or we terminate your access to or use of Formaloo in accordance with these Terms. Unless and until canceled by you, all Subscription Plans will automatically renew for renewal terms equal in length to the original Subscription Term. If you do not want a Subscription Plan to renew, you must cancel it before the end of the Subscription Term via the account settings page on your Formaloo Account). If you purchase a Subscription Plan, we (or our third-party payment processor) will automatically charge you each year or month, as applicable, on the anniversary of the commencement of your subscription, using the payment information you have provided, until you cancel your subscription. By agreeing to these Terms and electing to purchase a Subscription Plan, you acknowledge that your Subscription Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us.
Cancellations and Terminations
If we cancel or terminate your Subscription Plan, except in the event of your breach or failure to pay fees when due, we will grant you a prorated refund for the remaining unused portion of your Subscription Term. If you cancel or terminate your Subscription Plan, your right to use Formaloo will continue until the end of your then-current Subscription Term and then terminate without further charges. Notwithstanding the foregoing, if you live in the European Union or Turkey and cancel your Subscription Plan within fourteen (14) days of purchase, you will be eligible for a refund of any payments made for the canceled Subscription Term, and, if you request such a refund, your right to use Formaloo will terminate immediately upon cancellation of your subscription. Subject to the preceding sentence, if you cancel or terminate your Subscription Plan, unless required by law, you will not receive a refund of any portion of any fees paid for the then-current subscription term at the time of cancellation.
Service Changes, Suspension, and Termination
You may cancel your Formaloo Account at any time through your dashboard, though we will be sorry to see you go. We may change Formaloo, stop providing Formaloo or features of Formaloo to you or to our users generally, or create usage limits for Formaloo. We may permanently or temporarily terminate or suspend your access to Formaloo without notice or liability, without cause or for any reason, including if in our sole discretion, you violate any provision of these Terms. Upon termination, you continue to be bound by these Terms.
Termination
Formaloo can terminate the license to use and access the Formaloo if a user violates any of the general terms and conditions on this page, or at the sole discretion of Formaloo, at any time with or without notice. Upon terminating termination of this license, the user must destroy any downloaded materials in their possession whether in electronic or printed format.
Privacy
We care about the privacy of our users. By using Formaloo you acknowledge that we may collect, use, and disclose your personal information and aggregate and/or anonymized data as set forth in our Privacy Policy, available at www.formaloo.com/privacy, and acknowledge that you may have your personal information collected in, used in, transferred to, and processed in the United States. If your use of the Service requires us to process any personal data or personal information within Your Content, as these terms are defined in and in accordance with applicable privacy laws or regulations, we will do so at all times in accordance with our Privacy Policy and any applicable Data Processing Addendum (our “DPA“). You may access and sign our DPA by contacting our support team. Once executed, the DPA will be incorporated into these Terms by reference. In the event of any conflict between the DPA and the remainder of these Terms, the DPA will govern.
Third-party services, App Store apps, and all integrations
Our service may contain links to third-party materials that are not owned or controlled by us, we may refer you to certain third parties who provide independent services relating to or supporting your use of our service, and certain functionality of our service may require your use of, or may be compatible with, third-party services, sites, information, materials, products, applications, extensions (including apps from the Formaloo App store), or services (each, a “Third-party service”). If you use a third-party service, you are subject to and agree to the third party’s terms of service (or other applicable terms and conditions) and privacy policy made available by or via the third-party service. We do not endorse or assume any responsibility for any such third-party service (even where we perform a review of the functionality or security of such a third-party service, such as an extension developed by a third-party and made available through the Formaloo App store). If you access a third-party service from or with Formaloo or share your content on or through any third-party service, you do so at your own risk, and you understand that these terms and our privacy policy do not apply to your use of such services. You expressly relieve us from any and all liability arising from your use of any third-party service.
Indemnity
You agree to defend, indemnify, and hold us and our affiliates, agents, suppliers, or licensors (and our and their employees, contractors, agents, officers, and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorney’s fees) arising from: (I) your access to or use of Formaloo; (ii) your violation of any aspect of these terms, including your breach of any of your representations and warranties; (iii) your violation of any third-party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) your content, including without limitation any misleading, false, or inaccurate information in your content; (vi) your willful misconduct; or (vii) any third party’s access to or use of Formaloo with your username(s), password(s), or other security code(s).
Limitation of liability
To the maximum extent permitted by applicable law, in no event will we or our affiliates, agents, suppliers or licensors (or our or their employees, contractors, agents, officers or directors) be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, our service. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our service or your account or the information contained therein.
To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from our service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our service; and/or (vii) your data or the defamatory, offensive, or illegal conduct of any third party.
In no event will we or our affiliates, agents, suppliers or licensors (or our or their employees, contractors, agents, officers or directors) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount of fees you paid to us hereunder during the twelve (12) month period prior to when the claim arose or one hundred dollars ($100.00), whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
Governing law and dispute resolution
The rights and obligations of the parties under these Terms shall be governed by Canadian law. This shall not prevent the application of those mandatory rights you are entitled to under your applicable law if you are acting as a consumer.
The illegality, invalidity, nullity, or unenforceability of any of the sections of these Terms will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we fail to respond to a breach of these ToU by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company.
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with Formaloo, will constitute the entire agreement between you and us concerning Formaloo. None of our employees or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of Formaloo. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement will be unenforceable.
No warranty
Our service is provided on an “as is” and “as available” basis. Use of our service is at your own risk. To the maximum extent permitted by applicable law, our service is provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through our service will create any warranty not expressly stated herein. Without limiting the foregoing, we, our subsidiaries, our affiliates, and our licensors do not warrant that any content on our service is accurate, reliable or correct; that our service will meet your requirements; that our service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that our service is free of viruses or other harmful components. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from your use of our service or any download of content through the use of our service.
If you need any help with GDPR please visit our GDPR FAQ or if you have any other questions, please contact us directly here.