Terms of Services
Last Updated on: July 29th, 2021
Thank you for visiting formspal.com (“Website”). This Website is a web-based property of Keifer Corporation (FZC) (“FormsPal”, “we”, “our”, or “us”) that allows users to create, edit, collaborate, sign, and access documents through this Website (“Services”).
The use of the Services is subject to your compliance with the terms and conditions outlined in this agreement (“Terms”). YOUR USE OF THE SERVICE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS. DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS.
If you accept these Terms and use the Services on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
SECTION 1 – PRIVACY
SECTION 2 – REGISTRATION
(1) Membership. You may use the Services only if you are at least 18 years old. Certain features of the Services will require you to create an account and become a “User”. You also agree to provide true, accurate, up-to-date, and complete information about yourself as prompted by the registration form for the Services.
(2) Account. You acknowledge that you have no ownership rights in your Account (“Account”). If you or FormsPal cancels your Account, all of your Account information, files, documents, and any other materials you provided, created or associated with your Account (“User Content”) will be deleted and removed from the Services. You should be aware that, in some cases, User Content may remain available on the Services for an extended period of time due to delays in deleting it or cached copies retained by third parties. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of your User Content.
SECTION 3 – LICENSE
Subject to your compliance with these Terms, FormsPal grants you a non-exclusive, non-transferable, revocable license to: (a) access (but not through scraping, crawling, or other technology or software used to access data without FormsPal’s prior written consent) and use the Website strictly in accordance with these Terms, and (b) print out discrete information from the Website solely for personal, non-commercial purposes, so long as you adhere to all copyright and other policies contained therein.
SECTION 4 – CODE OF CONDUCT
You must follow the following rules to maintain our Services’ integrity and provide a positive experience for all users.
(1) General. (a) do not share your username or password with anyone else. You are liable for any and all uses of your Account, whether or not you authorized them; (b) do not attempt to access a server or an account that you are not authorized to use; (c) do not modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Services; (d) do not access, “scrape,” or “crawl” any web pages of the Website using manual or automated software, devices, script robots, or other means or processes; (e) do not use or copy any information, content, or data obtained from the Services to provide any service that competes with FormsPal; and (f) do not use the Services for any purpose or in any manner that is prohibited by these Terms or by applicable law.
(2) User Content. Your User Content may not contain: (a) confidential or private information belonging to others, including non-public information about an individual, company, or entity that you do not have the right to transmit, publish, or possess for any reason; (b) material that violates the privacy or publicity rights of others or infringes or misappropriates any intellectual property rights; (c) anything sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; (d) anything embarrassing or offensive to another person or entity; (e) anything that would give rise to criminal or civil liability; or (f) anything that encourages conduct that constitutes a criminal offense.
(3) Any violation of this Section 4 may result in civil or criminal liability. FormsPal may investigate occurrences involving such violations and may involve and cooperate with law enforcement authorities to prosecute users involved in such violations. If FormsPal determines that you have violated these Terms, we reserve the right to terminate your use of the Services. FormsPal is under no obligation to monitor its users’ behavior, but it may investigate and respond when violations are reported. It is your responsibility to ensure that your use of the Services complies with these Terms and all applicable laws.
SECTION 5 – PAYMENTS & SUBSCRIPTIONS
FormsPal charges a fee for using the Services (or part thereof), and you agree to pay such fees. You have the option of making a one-time payment (“Payment”) or purchasing a subscription (“Subscription”) for such use.
(1) General. Whether you make a Payment or a Subscription (“Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may request additional information about your Transaction, such as your credit card number, credit card expiration date, and email addresses for billing and notification (“Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to disclose your Payment Information to third parties in order to complete your Transaction and charge your payment method for the type of Transaction you have chosen (plus any applicable taxes and other charges). Except as expressly stated in these Terms, all payments for Transactions are non-refundable and non-transferable. All fees and taxes, if any, are payable in U.S. dollars.
(2) Subscriptions. If you purchase a Subscription, your Subscription will begin at the end of your 7 days trial period (or after a 30-day free trial period for certain plans billed annually, such as: “PDF Basic Plan” and “PDF Pro Plan”). You will be charged the monthly or annual subscription fee, plus any applicable taxes and other charges (“Subscription Fee”), at the beginning of your Subscription and each month or year thereafter, as applicable, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE FORMSPAL TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS IN ACCORDANCE WITH THE TERMS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will charge you automatically on the anniversary of the beginning of your Subscription, using the Payment Information you provided, until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription includes recurring payment features and that you accept responsibility for all recurring payment obligations that arise prior to the cancellation of your Subscription by you or FormsPal. Your Subscription will remain active until you cancel it, or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
SECTION 6 – REFUND POLICY
If you are not satisfied with the 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 Services, you may request a refund up to 30 days (inclusive of the free trial period) after signing up for the Service. After the first 30 days, you may cancel any Subscription or access to the Services, but you will not be entitled to a refund.
SECTION 7 – DOCUMENTS & FORMSPAL LIBRARY
(1) General. You can use the Services to create, edit, publish, and distribute forms or documents (“Documents”) based on FormsPal’s template and form library (“FormsPal Library”). You can also permit others to view such Documents. You agree that you are solely responsible for the content of any Documents and any other User Content that you create, edit, post, or distribute through the Services, and any consequences arising thereon.
(2) Special Terms Related to Documents. FormsPal is not an agent for any User or individual submitting a Document through the Services. FORMSPAL DOES NOT REVIEW, SCREEN, EDIT, OR MONITOR DOCUMENTS CREATED BY USERS, NOR DOES IT MAKE JUDGMENTS OR SELECTIONS OF DOCUMENTS. FORMSPAL IS NOT INVOLVED IN ANY TRANSACTION BETWEEN ANY USERS OR THIRD-PARTY PARTIES THAT MAY BE DOCUMENTED IN THE DOCUMENTS AND HAS NO CONTROL OVER THE DOCUMENTS OR THEIR QUALITY, TRUTH, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS.
(3) Special Terms Related to FormsPal Library. FORMSPAL IS NOT A LAW FIRM OR A LICENSED ATTORNEY, NOR DO WE CLAIM TO BE. YOU ACKNOWLEDGE THAT FORMSPAL IS 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 SERVICES. FORMSPAL MAKES NO CLAIM THAT DOCUMENTS BASED ON THE FORMSPAL LIBRARY ARE COMPLETE OR SUITABLE FOR USE IN ALL SITUATIONS AND JURISDICTIONS. BEFORE RELYING ON THE FORMSPAL LIBRARY FOR ANY CONTRACT, AGREEMENT, OR TRANSACTION, YOU SHOULD SEEK LEGAL ADVICE. YOU HEREBY ACKNOWLEDGE THAT FORMSPAL IS 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 SERVICES. THE USE OF THE SERVICES AND ANY DOCUMENT (INCLUDING ANY DOCUMENT BASED ON THE FORMSPAL LIBRARY) DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN FORMSPAL AND YOU.
SECTION 8 – DISCLAIMER OF LIABILITY
(1) No Express or Implied Warranty. FormsPal makes no representations or warranties regarding the Services or the content or materials made available by FormsPal through the Services (including, without limitation, the FormsPal Library) (“FormsPal Content”), all of which are provided “as is” and “as available”. WITHOUT LIMITING THE FOREGOING, FORMSPAL EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR TRADE USAGE. THOSE WHO USE THE SERVICES DO SO ON THEIR OWN INITIATIVE AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
(2) No Warranty for Uninterrupted Services. FormsPal makes no representations or warranties that the Services (including FormsPal Content) will be uninterrupted or error-free, that defects will be corrected, or that the Services are free from viruses, worms, or other harmful components. FormsPal shall not be responsible or liable for any loss or damage incurred as a result of servicing or replacing that equipment or data.
(3) No Warranty of Accuracy & Completeness. FormsPal makes no representations or warranties as to whether the information available through the Services (including FormsPal Content) is correct, complete, up to date, or reliable. FormsPal accepts no responsibility or liability for the accuracy, deletion, or failure to store any User Content.
(4) No Guarantee of Results. FormsPal makes no representations or guarantees that the Documents created, checked, or reviewed using the Services, including Documents based on the FormsPal library, will meet the User’s objectives.
(5) Changes to the Services. FormsPal reserves the right, at any time and without notice, to modify or discontinue the Services (or any part thereof). This includes modifying or removing any templates or forms in the FormsPal Library.
SECTION 9 – LIMITATION OF LIABILITY
(1) Exclusion of Indirect or Consequential Loss. TO THE GREATEST EXTENT PERMITTED BY LAW, NEITHER FORMSPAL NOR ITS SERVICE PROVIDERS INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF ANY SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORMSPAL OR ITS SERVICE PROVIDERS WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(2) Maximum Liability. TO THE GREATEST EXTENT PERMITTED BY LAW, FORMSPAL’S MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES SHALL BE LIMITED, IN AGGREGATE, TO THE AMOUNTS YOU HAVE PAID TO FORMSPAL FOR USE OF THE SERVICES, OR U.S.$50.00 IF NO PAYMENT HAS BEEN MADE TO FORMSPAL, AS APPLICABLE.
SECTION 10 – THIRD-PARTY WEBSITES OR RESOURCES
Through the Website, you may gain access to third-party websites or other resources. We provide such access only as a convenience, and we accept no responsibility or liability for third-party information, products, or services, even if you access them through the Website. Any correspondence or business dealings you have with any such third party are solely between you and that third party. You agree that FormsPal shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or the presence of such third-party links. FORMSPAL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY SUCH THIRD PARTIES OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE THEREOF.
SECTION 11 – PROPRIETARY RIGHTS
(1) FormsPal’s Intellectual Property. FormsPal Content and the Services are the sole property of FormsPal or its licensors and are protected by copyright laws and international treaties. FormsPal reserves all rights, title, and interest in and to the Services, including all intellectual property rights therein, for itself and its licensors. 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 Services (including color combinations, button shapes, layout, design, and all other graphical elements). You acknowledge that the Services and any software used in connection with the Services contain proprietary and confidential information protected by applicable intellectual property laws.
(2) Use of FormsPal Content. Subject to your compliance with these Terms, FormsPal grants you a limited, non-exclusive, non-transferable license, with no right to sub-license, to (a) access and view the FormsPal Content, and (b) use the FormsPal Library to create your Documents, solely in connection with your permitted use of the Services.
(3) License to User Content. Subject to FormsPal’s rights in and to the FormsPal Content, each User retains ownership of the User Content. However, in order to make your User Content available on the Services and provide you with the Services, FormsPal requires certain rights to your User Content. As such, by submitting any User Content to the Services, including Documents, you grant FormsPal a worldwide, non-exclusive, transferable, royalty-free, fully paid up, perpetual, irrevocable right and license, without further notice to you: (a) to use, reproduce, distribute, adapt (including, without limitation, to edit, modify, translate, and reformat), create derivative works of, and publicly display such User Content in any media now known or hereafter developed, for FormsPal’s business, marketing, and promotional purposes; and (b) to sub-license the foregoing rights through multiple tiers, to the greatest extent permitted by law.
(4) User’s Representations & Warranties. You represent and warrant that you have all rights necessary to grant the licenses set forth in Section 11(3) for each item of User Content and that such User Content and your provision of it to and through the Services comply with all applicable laws, rules, and regulations. You acknowledge that you are solely responsible for verifying any and all information contained in your User Content, including, without limitation, to confirm your own data, terms, or language and that FormsPal is not responsible for correcting any information provided by you to any third party.
SECTION 12 – MISCELLANEOUS
(1) Entire Agreement & Amendment. These Terms supersede any previous agreements between the parties and constitute the entire agreement between you and FormsPal regarding the use of the Services. At FormsPal’s sole discretion, these Terms may be amended at any time by posting updated Terms on this Website and/or through other modes of communication. If you continue to use the Services after the updated Terms become effective, it shall be deemed that you accept and agree to the changes. If you do not agree to be bound by the changes, you shall cease using the Services immediately.
(2) Assignment. You may not assign or transfer these Terms, whether by operation of law or otherwise, without FormsPal’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent shall be null and void. FormsPal may freely assign or transfer these Terms without your prior written consent. Subject to the foregoing, these Terms shall bind and benefit the parties, their successors, and permitted assigns.
(3) Waiver & Severability. FormsPal’s failure to exercise or enforce any right under these Terms shall not be construed as a waiver of such right. If any provision of these Terms is found to be invalid by or a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms shall remain in full force and effect.
(4) Exclusive Remedies. Unless otherwise stated in these Terms, your sole remedy for any dissatisfaction with any modification or discontinuation of the Services, 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 Services, 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 Services, advertising, or other materials issued in connection with the Services, or any content displayed through the Services.
(5) Choice of Law & Forum. Any Dispute arising from these Terms shall be governed by the laws of the United Arab Emirates, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be brought exclusively in a court of competent jurisdiction in the United Arab Emirates, and you and FormsPal each waive any objection to jurisdiction and venue in such courts.
(6) Indemnity. You agree to defend, indemnify, and hold FormsPal (and its officers, directors, employees, and agents) harmless from and against any third-party claims, actions, or demands (including, without limitation, costs, damages, and reasonable legal fees) arising out of or in connection with your use of the Services or your breach of these Terms.
(7) Term & Termination. These Terms are in effect until they are terminated. FormsPal reserves the right to terminate your access to or use of the Services at any time and for any reason. Such termination may include deactivation or deletion of your Account and all related User Content, which may occur without prior notice. To the greatest extent permitted by law, FormsPal shall not be responsible or liable to you or any third party for any termination of your access to the Services or any User Content, and shall be under no obligation to make such User Content available to you after such termination. Sections 7 – 14 shall continue to apply even if these Terms are terminated.
(8) Notice. For the purposes of communication with you, notice shall be in the form of an email from FormsPal to the email address associated with your Account, regardless of any other information we may have.
SECTION 14 – CONTACT INFORMATION
If you have any questions about these Terms or the Services, do not hesitate to get in touch with our customer service representatives at firstname.lastname@example.org.
PLEASE NOTE THAT OUR CUSTOMER SERVICE REPRESENTATIVES ARE NOT AUTHORIZED TO BIND FORMSPAL OR TO CONTRAVENE THESE TERMS. FORMSPAL EXPRESSLY DISCLAIMS ANY LIABILITY FOR INFORMATION PROVIDED BY OUR CUSTOMER SERVICE REPRESENTATIVES THAT GOES BEYOND OR CONTRADICTS THE INFORMATION PROVIDED HEREIN.