Formspark Terms of Service

By using Formspark ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.

These Terms apply to all visitors, users and others who access or use the Service.

We reserve the right to update and change these Terms without notice.

Changes to these Terms are effective when they are posted on this page.

Effective date: 15/06/2021

Account Terms

  • You are responsible for maintaining the security of your account and authentication credentials. Do not share your account credentials or give others access to your account. The Service cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all content posted and activity that occurs under your account (even content posted by others from any site linking to the Service).
  • You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You must provide us information that is accurate and complete when you create your account, you are required to keep your account information up to date.
  • You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Cancellation and Termination

  • You are solely responsible for properly canceling your account. Please email support@formspark.io to request cancellation. Your account is not considered cancelled until you receive a confirmation email from the Service.
  • All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all data may be permanently deleted from all backups and logs. Information can not be recovered once it has been permanently deleted.
  • The Service, 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. The Service reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service

  • The Service reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  • The Service shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Payment Terms

  • Any plan fee change will become effective at the end of the then-current billing cycle.
  • Any plan downgrade will become effective at the end of the then-current billing cycle.
  • There will be no prorating for downgrades in-between billing cycles.
  • Downgrading your Service may cause the loss of features or capacity of your account. The Service does not accept any liability for such loss.
  • 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.
  • Refunds are only issued if required by law.

Limitation of Liability

In no event shall Formspark, nor its directors, shareholders, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service.
  • Any conduct or content of any third party on the Service.
  • Any content obtained from the Service.
  • Unauthorized access, use or alteration of your transmissions or content.

Disclaimer

Your use of the Service is at your sole risk.

The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We do not warrant that:

  • The Service will function uninterrupted, secure or available at any particular time or location.
  • Any errors or defects will be corrected.
  • The results of using the Service will meet your requirements.

Accuracy of Materials

The materials appearing on the Service's website and any other communication formats could include technical, typographical, or photographic errors.

The Service does not warrant that any of these materials are accurate, complete or current.

The Service may make changes to these materials at any time without notice. However, the Service does not make any commitment to update these materials.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Dispute Resolution

  • These Terms are subject to the laws of Belgium.
  • Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
  • Disputes will only be settled in Belgium, unless otherwise required by law.
  • Contrary to the legal limitation periods, the limitation period of all claims and defences against the Service and third parties involved is 12 months.

Questions

Have any questions, comments, or concerns about these Terms?

Please get in touch by emailing us at support@formspark.io, and we'll be happy to answer them.

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