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Last Updated: 21 October, 2020
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
These Terms govern your access to and use of ONFORM, as well as all content and GOING BOLD LTD products and services available at or through this website or associated infrastructure associated with the delivery of ONFORM (collectively, “Services”).
These Terms also govern visitors’ access to and use of any websites and/or ONFORMs that use our Services hosted on ONFORM associated infrastructure.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
1. Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
We refer to ONFORM and GOING BOLD LTD collectively as “ONFORM” or “we” throughout these Terms.
2. Your Account
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorised uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create an ONFORM account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.
3. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
4. Responsibility of Visitors and Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, questions, text, photo, video, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
- If you post Content, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use or viewing of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the copying or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, onform.net or our other Services. For example:
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-ONFORM websites.
5. Fees, Payment, and Renewal
Fees for Paid Services. Some of our Services are offered for a fee, such as the Solo, Team and Enterprise Plans (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees (and fees associated with specific features, which may be offered on an individual account basis). Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time via your Account.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonised or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorise us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase an annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date for ONFORM Paid Services by visiting your Account page. For more information about how ONFORM subscriptions work, please see our Manage Purchases, Renewals & Cancellations support page.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Account page. To cancel an ONFORM plan, go to your Account page, click on the plan you wish to cancel, then follow the instructions to “cancel the subscription.” You must repeat this process for each subscription you wish to cancel.
Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
6. General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United Kingdom, United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden ONFORMs systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
7. Admin Console and Account/s
We refer to where your surveys, polls, forms and questionnaires are stored and accessed, along with user management and associated settings and options as the “Admin Console”.
If you sign up for ONFORM via a link at onform.net/pricing/ you will create a virtual Admin Console which will be created as part of an ONFORM network in the country of your choosing. An Admin Console in a network is virtual in the sense that it does not have its own directory on the server, although it has its own subdirectory and it might have its own domain name (depending on your plan).
When signing up via a link at onform.net/pricing/ you get to choose and use an ONFORM-owned subdirectory, such as us1.onform.net/example/. You must not claim an unreasonable number of subdirectories (as determined by us), or sell access to any subdirectory. We reserve the right to change the subdirectory of your Admin Console. This can sometimes be needed for a number of reasons, such as a trademark or technical issue. It doesn’t happen very often (it’s very rare) but if it does happen then we will email you to let you know and will aim to move you over to a different subdirectory as smoothly as possible.
If you sign up for the Enterprise plan then your Admin Console will have its own directory which can be accessed either by an ONFORM-owned domain or subdomain or by a domain or subdomain which you own. If accessed by a domain or subdomain which you own then you will be responsible for providing us with the A record and the only domain-related responsibility we will have is to point your Admin Console to this domain/subdomain. You must not change your domain/subdomain an unreasonable number of times in a short space of time (as determined by us), or place unreasonable demands on us (as determined by us) in respect of the timeliness in updating the relevant A record/s.
Your Admin Console (whether virtual or otherwise) will remain on our Services at all times and cannot be hosted by you or any third party.
By submitting Content to ONFORM for inclusion on an ONFORM, you grant ONFORM a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your ONFORM/s.
7.2. Removing Content
If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private ONFORM, from view by the authorised visitors), but you acknowledge that caching or references to the Content may not be made immediately unavailable.
7.3. Prohibited Uses
By using ONFORM, you represent and warrant that your Content and conduct will not relate to any of the following:
- Violence or illegal/offensive activities
- Spam, malware or “phishing”
- The requesting of inappropriate private and confidential information (e.g. passwords)
- Copyright infringement
We offer free HTTPS on all Admin Consoles and ONFORMs by default, via Let’s Encrypt. If your Admin Console and ONFORMs are accessed by a domain or subdomain which you own then you will be responsible for requesting the necessary certificates for the purpose of providing HTTPS.
7.5. Attribution / Advertisement
We reserve the right to display attribution text and/or links in the footer of your ONFORMs, attributing ONFORM, for example a “Powered by ONFORM” message and link to onform.net. If you have purchased a plan that includes the option to remove attribution text and/or links then you can remove the attribution / advertisement in the footer.
8. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on an ONFORM violates your copyright, please notify us. We will respond to such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the ONFORM if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ONFORM, GOING BOLD LTD or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
9. Intellectual Property
The Agreement does not transfer from us to you any ONFORM, GOING BOLD LTD or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. ONFORM, the ONFORM logo, and all other trademarks, service marks, graphics, and logos used in connection with ONFORM, ONFORM.net or our Services, are trademarks or registered trademarks of ONFORM, GOING BOLD LTD or ONFORM’s or GOING BOLD LTD’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any ONFORM, GOING BOLD LTD or third party trademarks.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorised executive of GOING BOLD LTD, or by the posting by GOING BOLD LTD of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any ONFORM policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your Admin Console or ONFORMs use, or terminate your Services, if we believe your Admin Console or ONFORM’s storage or bandwidth usage is out of hand and burdens our systems (which is very rare), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your ONFORM account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Disclaimer of Warranties
Our Services are provided “as is.” ONFORM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
13. Jurisdiction and Applicable Law
You and ONFORM hereby irrevocably agree that any dispute arising out of or in connection to these Terms shall be governed solely and exclusively by the laws of England & Wales.
You and ONFORM hereby irrevocably agree that the courts of England & Wales shall have the sole and exclusive jurisdiction to hear any dispute arising out of or in connection to these Terms.
14. Alternative Dispute Resolution for Consumer Disputes
If you are a Consumer based in the EU, you may use the European Online Dispute Resolution platform to resolve disputes with us. The web address for this is: https://ec.europa.eu/consumers/odr.
For the purposes of this clause, our email address is [email protected].
15. Limitation of Liability
In no event will ONFORM, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to ONFORM under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. ONFORM shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless ONFORM, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including legal fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services.
The Agreement constitutes the entire agreement between ONFORM and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ONFORM may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.