Last Updated on: July 2, 2024
CILIARA TRADING LIMITED (“we”) welcome you, our user (“you”).
These Terms of Service (“Terms”) apply to our platform, – https://formspal.com/ (“FormsPal” or “Platform”), and our Privacy Notice describes our collection and use of personal data connected to your access to and use of the Platform.
By accessing the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you are not permitted to access the Platform and must discontinue doing so.
If you have any questions or comments about these Terms or use of the Platform, please visit our FAQ page or contact us.
These Terms contain limitations of liability and warranty disclaimers.
| Name | CILIARA TRADING LIMITED | |||
| Organization number | 267435 | |||
| Address | Strovolou 77, Strovolos Center, Office 301, 2018 Nicosia, Cyprus | |||
| support@formspal.com – for general inquiries | ||||
| privacy@formspal.com – for privacy inquiries | ||||
| Tel. number | 888-603-4461 | |||
Our support team is happy to assist you. You can contact us via the email addresses listed above or via the contact page on the Platform.
Please note that we may not respond to offensive emails or messages. We kindly ask you to be polite during your communication with us.
Also, our support schedule is Monday-Friday, 2 AM – 12 PM EDT.
PLEASE NOTE THAT OUR CUSTOMER SERVICE REPRESENTATIVES ARE NOT AUTHORIZED TO BIND US OR TO CONTRAVENE THESE TERMS. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR INFORMATION PROVIDED BY OUR CUSTOMER SERVICE REPRESENTATIVES THAT GOES BEYOND OR CONTRADICTS THE INFORMATION PROVIDED HEREIN.
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These Terms and Privacy Notice constitute the entire legally binding agreement between us and our users.
By accessing the Platform, you declare and confirm that:
If you use the Platform as a business representative, you further certify that you are eligible to legally bind the represented legal entity, grant us all permissions and licenses under these Terms, and disclose information about that legal entity.
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Subject to your full and continuous compliance with these Terms, we provide you with:
Please note that while some of the services we provide you with or functionality of the Platform are free of charge, the other ones are available and provided only for a fee. Also, some services and functionality of the Platform require creating and using a personalized account (“Account”).
We do not provide any service or access to any of our products to persons from the Republic of Belarus, the Russian Federation, occupied regions of Ukraine (including the Autonomous Republic of Crimea as an administrative part of Ukraine), the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea (DPRK), the Republic of Sudan, the Syrian Arab Republic, and the Bolivarian Republic of Venezuela.
We do not engage in any business with companies owned by or affiliated with the citizens of the listed countries and territories.
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You need a valid and accessible email address and a password to create the Account. Also, you may use your Facebook or Google accounts – specify them via our sign-up form, and your Account will be created automatically using the provided credentials.
You hereby agree to provide us with true, accurate, up-to-date, and complete information about yourself as prompted by the sign-up form for the Platform.
You acknowledge that, for the entire time of using the Account, you have no ownership rights in your Account.
You must not transfer or assign your Account to someone else. Your responsibility is to ensure that your use of the Platform and Account does not contravene these Terms, applicable laws, rules, or regulations.
You are solely responsible for the safekeeping and security of your Account credentials and for any and all uses of your Account, whether or not you authorized them. You are prohibited from attempting to access a server or account you are not authorized to use.
Please notify us immediately if:
If you have lost a password to your Account, press the “Forgot your password?” on our login page and follow the instructions. You may also contact us, and we may help you to the extent technically possible.
To cancel your Account, please contact us.
Please note that if you or we cancel your Account, all your Account information and User Content will be deleted and removed from the Platform.
We are entitled to remove your User Content from the canceled Account available on the Platform at our sole discretion (for instance, for an extended period of time due to delays in deleting it or cached copies retained by third parties). Also, we are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of your User Content.
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By accessing the Platform and subject to your full and continuous compliance with these Terms, you acquire a free-of-charge right to use the Platform with a limited set of the Platform’s features.
You can explore the additional features available under our subscription plans during a 7-day free trial (for a monthly subscription) or a 30-day free trial (for an annual subscription).
Please note that you need to provide us with your payment credentials before the free trial starts. When your free trial expires, the monthly subscription fee for using the Platform will be automatically charged unless you cancel it in your device settings at least 24 hours before the billing date.
If your free trial expires and the relevant subscription fee is not charged on the billing date, we are entitled to limit the functionality available for you and shall bear no responsibility on that matter.
Some services are available under the paid-for subscription on a monthly, annual, and “per-document” basis, subject to the then-current version of the pricing.
Your monthly or annual subscription will automatically renew, and you will be charged a subscription fee for the subsequent subscription period unless you cancel it at least 24 hours before the billing date, while your “per-document” subscription is a one-time and non-renewable subscription to the use of the relevant Document.
We reserve the right to change the terms of our subscription plans, including the list of the features available and the amount of the subscription fees, at any time by providing you with adequate notice. You can cancel your subscription if you do not agree to the updated terms. After your current subscription period expires, you may continue using the Platform under the basic terms. If you do not cancel your subscription before the billing date, you will be deemed to have agreed to the updated terms, which will be applicable commencing your next subscription period.
BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO INITIATE RECURRING PAYMENTS IN ACCORDANCE WITH THESE TERMS.
PLEASE READ OUR REFUND POLICY AND THE “WARRANTIES AND DISCLAIMERS” and “LIMITATION OF LIABILITY” SECTIONS OF THE TERMS BEFORE ANY PAYMENTS ARE MADE.
We will charge you using the payment information you provided.
Your payments are processed via third-party payment processors. We are not responsible for any errors, omissions, and all other deficiencies caused by such payment processors and for any loss, damage, or other liabilities incurred as a result of your use of such payment processors.
The price displayed on the Platform may not include the applicable taxes. In this case, the additional taxes or fees may be additionally charged during the payment. Please note that if you pay in a currency different from the currency in which the fees are displayed on the Platform, your bank may apply its current exchange rate and/or add commissions and fees on top of the payment amount.
Whether you make any payment under these Terms, you expressly authorize us (or the relevant third-party payment processor) to charge you for such transaction, and we are entitled to request additional payment information necessary for your transaction.
Initiating your transaction, you duly authorize us to disclose your payment information to the relevant third-party payment processor to complete your transaction. Except as expressly stated in these Terms, all payments under these Terms are non-refundable and non-transferable.
To cancel your subscription, please follow our guide. If you have any questions about the subscription cancellation, don’t hesitate to contact us.
If you are not satisfied with our services or believe there has been a billing error, do not hesitate to get in touch with us, and we will gladly assist you.
In the unfortunate event that you wish to discontinue use of the Platform, you may request a refund up to thirty (30) days (inclusive of the free trial period) after your initial subscription to our services.
Please note that after the first thirty (30) days after your initial subscription, you may cancel any subscription or your Account, but you will not be entitled to a refund.
To request a refund, please contact us.
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The Platform may depend on or contain links to other websites and services.
The access and use of the other websites and services we own or manage are subject to the relevant terms of service (or equivalents) published on such websites and services and are not governed by these Terms.
The access and use of the other websites and services we do not control are governed by third parties and do not fall under these Terms.
We are not responsible for the content, functions, and services offered through third-party websites or services and for any loss, damage, or other liabilities incurred as a result of your use of such websites, services, and their content or functions. We do not control the features available or accessed through them.
You acknowledge that other terms of service (or equivalents) and privacy notices (or equivalents) apply to your use of third-party websites, services, and their content or functions.
FORMSPAL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY SUCH THIRD-PARTY WEBSITES AND SERVICES OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE THEREOF.
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The Platform is owned and managed by us or our affiliates.
The Platform and the materials in the Platform, including FormsPal Library, Documents, text, graphics, information, images, drawings, trademarks, logos, videos, sounds, music, software, and other materials accessible or downloadable from the Platform (collectively, – “Content”), as well as copyright and other intellectual property rights to such Content, belong to us or our affiliates or is included in the Platform with the consent of the relevant owners or rights holders.
The term “Content” does not include any materials you provide to us in any manner.
FormsPal and the FormsPal design logo are FormsPal’s registered and unregistered service marks or trademarks. FormsPal’s service marks or trademarks include all related product and service names, design marks, and slogans. In addition, FormsPal’s trademarks, service marks, and copyrights protect the “look” and “feel” of the Platform (including color combinations, button shapes, layout, design, and all other graphical elements). You acknowledge that the Platform and any software used in connection with the Platform contain proprietary and confidential information protected by applicable intellectual property laws.
Subject to your continuous compliance with these Terms, we grant you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, and worldwide license to access and use the Platform and Content via the device or devices you lawfully own or control in the manner provided for in these Terms, and print out discrete information from the Platform solely for personal, non-commercial purposes, so long as you adhere to all copyright and other policies contained therein.
We may provide upgrades, modifications, updates, or additions to the Platform. The terms of this license shall apply to any such modification unless a separate license accompanies it.
The Content, or any elements thereof, shall not be used in any manner without our or relevant owners’ or rights holders’ prior written consent in any manner not provided by these Terms.
Under this license, you shall not:
Your license to access and use the Platform and Content shall be automatically revoked if you violate these Terms. We reserve all rights not expressly stated in these Terms.
We will enforce our intellectual property rights and use any remedy available under the applicable law.
You own and are solely responsible for any files and other materials that you create, edit, post, distribute, or process in any other manner via the Platform (“User Content”).
Please note that your User Content shall not contain:
We are not an agent for any of your User Content processed through the Platform.
WE DO NOT REVIEW, SCREEN, EDIT, OR MONITOR DOCUMENTS CREATED BY USERS, NOR DO WE MAKE JUDGMENTS OR SELECTIONS OF DOCUMENTS. WE ARE NOT INVOLVED IN ANY TRANSACTION BETWEEN ANY USERS OR THIRD-PARTY PARTIES THAT MAY BE DOCUMENTED IN THE DOCUMENTS AND HAVE NO CONTROL OVER THE DOCUMENTS OR THEIR QUALITY, TRUTH, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS.
Where it is necessary to the provision of our services via the Platform, by submitting any User Content to the Platform, you grant us a worldwide, non-exclusive, transferable, royalty-free, fully paid up, perpetual, irrevocable right and license, without further notice to you:
We appreciate any of your feedback and comments on the Platform, our services, or your experience of their use (collectively, – “Feedback”).
Please note that by submitting the Feedback to us directly or via any platform or social media, you:
Please, contact us to request to refrain from or discontinue our use of your Feedback at any time.
The Feedback appearing on our Platform, websites, social media accounts, and marketing, advertising, and other communication reflects the individual experience of those who have used our services. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other user might experience.
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You are prohibited from using the services we offer via the Platform to conduct the following prohibited activities and facilitate the following prohibited purposes:
We are entitled to but are not obliged to, and are not responsible for, control of the purposes of your use of the results of our services.
Please note that if we find you violating these provisions, we are entitled to apply any measures we see applicable and reasonable in such cases.
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The Platform, FormsPal Library, Documents, and Content are provided to you “as is” and “as available.”
We do not provide you with any promises that you, your profit or non-profit project, or any other person or entity for whom you order the services will reach any key performance indicators or any other results as a consequence of the provision of our services to you, including the described on the Platform.
By accessing the Platform, you declare and confirm that you are duly informed, aware of, and have no claims, demands, or objections that any of your activity is conducted at your own risk and all results of the provision of our services to you are implemented solely at your own discretion and under your sole responsibility.
Also, we shall not be liable for any actions or inactions, decisions, and all other consequences resulting from the provision of our services. You use the Platform on your own initiative and are solely responsible for compliance with local laws applicable to you.
To the fullest extent permitted by law, we disclaim all warranties concerning the Platform, its functionality, Content, our services themselves and all results of the provision of our services, and any information published on the Platform, including, without restrictions, warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property rights of third parties or other rights, as well as any warranties arising from the course of dealing or trade usage.
We make no promises or guarantees regarding the accuracy, usefulness, reliability, and correctness of the Platform, FormsPal Library, Documents, Content, our services themselves and all results of the provision of our services and information included in the Platform, FormsPal Library, Documents, and Content or published there.
We do not warrant that the operation of the Platform will be uninterrupted or secure, that any defects will be corrected, or that they will be free of viruses or other harmful elements.
We do our best to keep your data safe and secure and maintain the Platform’s functionality. However, the Platform may be unavailable for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, and signal strength, and may be interrupted, refused, limited, or curtailed.
We are not responsible for data loss or the inability to use the Platform or Content caused due to the above.
YOU HEREBY CONFIRM YOUR AWARENESS THAT WE ARE NOT A LAW FIRM OR A LICENSED ATTORNEY, NOR DO WE CLAIM TO BE. YOU ACKNOWLEDGE THAT WE ARE NOT PROVIDING LEGAL ADVICE OR ACTING AS YOUR ATTORNEY, AND YOU ACCEPT FULL RESPONSIBILITY FOR ANY OUTCOMES OR COSTS INCURRED AS A RESULT OF YOUR USE OF THE PLATFORM. WE MAKE NO CLAIM THAT DOCUMENTS BASED ON THE FORMSPAL LIBRARY ARE COMPLETE OR SUITABLE FOR USE IN ANY SITUATION AND JURISDICTION. BEFORE RELYING ON THE FORMSPAL LIBRARY FOR ANY CONTRACT, AGREEMENT, OR TRANSACTION, YOU SHOULD SEEK LEGAL ADVICE. YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT A PARTY TO ANY AGREEMENT THAT YOU ENTER INTO AS A RESULT OF THE USE OF ANY DOCUMENT THAT YOU CREATE OR USE THROUGH THE PLATFORM. THE USE OF THE PLATFORM AND ANY DOCUMENT (INCLUDING ANY DOCUMENT BASED ON THE FORMSPAL LIBRARY) DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN US AND YOU.
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To the fullest extent permitted under the applicable law, we shall not be held responsible if any information, materials, or Content (including, Documents and FormsPal Library) is available through the Platform or any typographical errors or omissions in the text or other materials.
In no event shall we, our affiliates, our subcontractors, or any other team members, vendors, and all other counterparties, be liable for any direct, indirect, incidental, special, consequential, or incidental damages, including lost profits, loss of data, or property damage, related to the use or inability to use the Platform or Content, our services themselves and all results of the provision of our services. We, our affiliates, our subcontractors, or any other team members, vendors, and all other counterparties shall not be liable for damage caused by the use of information or documents obtained through the Platform or Content, as well as as a result of errors, defects, and interruptions in the Platform, even if we were notified of such damage.
We are not liable for any results of your implementation and application of the results of any of our services described in the Platform or Content in any of your personal or business activities.
The provision of this subsection shall be applied to the fullest extent permitted by applicable law.
If any part of the provision of this subsection is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then we shall be liable to you only for the real direct documented damages sustained you due to the provision of the services by us and our aggregate liability for all claims under such circumstances for liabilities shall not exceed the amount you paid to us under these Terms for the one (1) month preceding the claim.
Unless otherwise stated in these Terms, your sole remedy for any dissatisfaction with any modification or discontinuation of the Platform or with any policies or practices, including, without limitation, any change in content or any change in the amount or type of fees or charges associated with the Platform, is to cancel your subscription. In no event shall you seek or be entitled to injunctive or other equitable relief, nor shall you be entitled to enjoin or restrain the operation or exploitation of the Platform, advertising, or other materials issued in connection with the Platform, or any content displayed through the Platform.
You agree to be liable for your compliance with these Terms while accessing or using the Platform or Content.
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You agree to defend, indemnify, and hold harmless us and our shareholders, directors, and all other officials, employees, contractors, subcontractors, vendors, and all other counterparties from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:
We reserve the right to handle our legal defense however we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our strategy.
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These Terms shall be exclusively governed by and construed under the laws of the Republic of Cyprus, excluding its rules on conflict of laws.
Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to the Platform, Content, our services, results of our services, or these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be resolved through amicable negotiations directly with our team following the principles of good faith and cooperation.
If we cannot reach a consensus through negotiations, the dispute shall be settled exclusively in the national courts of the Republic of Cyprus, subject to its jurisdiction rules, with the applicable substantive law of the Republic of Cyprus.
All claims shall be brought within one (1) year after the claim arises, except to the extent that a more extended period is required by applicable law.
TO THE EXTENT ALLOWED BY THE APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDINGS TO SETTLE ANY DISPUTE UNDER THESE TERMS SOLELY ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION, MEDIATION, LITIGATION, OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION, MEDIATION, LITIGATION, OR PROCEEDING WITHOUT OUR PRIOR WRITTEN CONSENT.
Nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of these Terms or enforcement or recognition of any award or order in any appropriate jurisdiction.
By using the Platform and providing us with your contact information, you understand and agree that we may send you recommendations and information via email regarding, without limitation:
Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers we believe you may be interested in. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.
You can read more about the rules of personal data processing in our Privacy Policy.
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We reserve the right at our sole discretion to modify, suspend, or discontinue the Platform, Content, features, services, or offers available via the Platform at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.
We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension, cancellation, or termination of your license (in whole or in particular part) and access to the Account, Platform, and Content.
We will cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.
You may terminate this agreement with us by canceling your Account (if any) and stopping accessing and using in any manner the Platform, Content, and our services unless you have an active subscription (see below). If you terminate this agreement, all permissions and licenses under these Terms will immediately terminate without our obligations to provide any refunds.
Please note that when you terminate this agreement with an active recurring subscription, it does not automatically cancel it. You must manually cancel your subscription.
We reserve the right to transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.
We reserve the right to modify these Terms at any time at our sole discretion. If material changes affect your use of the Platform, we’ll notify you before the changes’ effective date via the Platform or otherwise at our sole discretion. If you continue to use the Platform, you agree to the updated version of these Terms.
If any provision of these Terms is recognized unlawful, void, or unenforceable by a relevant authority, the remaining provisions will remain valid and enforceable. Our failure to exercise or enforce any right under these Terms shall not be construed as a waiver of such right.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the Platform to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.