These Terms of Service ("Terms") govern your access to and use of the Formdiy website, products, and services (collectively, the "Service") provided by RecordPointer ("RecordPointer," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
1. Account Registration and Access
1.1 Eligibility: You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years old.
1.2 Account Creation: To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
1.3 Account Security: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. RecordPointer cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.
2. Your Use of the Service
2.1 Permitted Use: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes, subject to these Terms.
2.2 Prohibited Uses: You agree not to: a. Use the Service for any illegal or unauthorized purpose. b. Violate any applicable laws, rules, or regulations in your jurisdiction. c. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from RecordPointer. d. Transmit any viruses, worms, or any code of a destructive nature. e. Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means. f. Interfere with or disrupt the integrity or performance of the Service or data contained therein. g. Use the Service to create, upload, or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party.
2.3 Your Content: You retain all ownership rights to the forms, responses, and other data ("Your Content") that you create, submit, or store on the Service. You grant RecordPointer a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute Your Content solely for the purpose of providing and improving the Service to you.
3. Fees and Payments
3.1 Pricing: The Service may be offered on a subscription basis, with various plans and pricing tiers. All fees are subject to change upon notice from us.
3.2 Billing: You agree to pay all applicable fees for the Service you select. Payments will be billed in advance on a recurring basis (e.g., monthly or annually) according to your chosen plan.
3.3 Refunds: Unless otherwise specified, all fees are non-refundable.
3.4 Taxes: You are responsible for all applicable taxes, duties, and government charges associated with your use of the Service.
4. Intellectual Property
4.1 RecordPointer IP: The Service, including all intellectual property rights in and to the Service (excluding Your Content), is owned by RecordPointer or its licensors. You may not use any of RecordPointer's trademarks, logos, or other proprietary graphics without our prior written permission.
5. Termination
5.1 Termination by You: You may cancel your account at any time by following the instructions within the Service.
5.2 Termination by RecordPointer: We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
5.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. RecordPointer does not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.
7. Limitation of Liability
In no event shall RecordPointer, nor its directors, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. Indemnification
You agree to defend, indemnify, and hold harmless RecordPointer and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account; b) a breach of these Terms; or c) Your Content.
9. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the courts located in San Francisco, California.
10. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
11. Contact Us
If you have any questions about these Terms, please contact us at: Email:
leagl@formdiy.com. Website:Â
https://staging.formdiy.com