These terms and conditions (the "Agreement") constitute a legal agreement between you (the "Customer") and Fillaform (a trading name of The Well-Tempered Listener Ltd, registered in England no. 06661749, "Fillaform") governing the use of Fillaform's online form creation and management services (the "Services"). By using the Services, the Customer agrees to be bound by the terms of this Agreement.
Fillaform provides the Customer with access to its online platform for creating and managing forms. The Services are provided on an "as is" and "as available" basis. Fillaform reserves the right to modify, suspend or discontinue any part of the Services at any time without prior notice.
The Customer is responsible for ensuring that any information provided to Fillaform is accurate and up-to-date. The Customer must also comply with all applicable laws, rules and regulations when using the Services. The Customer must not use the Services to engage in any illegal or fraudulent activities.
The Customer agrees to pay all fees associated with the Services in accordance with the pricing plan selected by the Customer. Fillaform reserves the right to change its pricing plans at any time upon notice to the Customer.
INTELLECTUAL PROPERTY (i)
Fillaform retains all right, title and interest in and to the Services, including all intellectual property rights. The Customer is granted a limited, non-exclusive, non-transferable license to use the Services solely for the Customer's own internal business purposes.
INTELLECTUAL PROPERTY (ii)
Fillaform does not claim any intellectual property rights over the content or layout of forms created by users on the platform or any data entered into those forms by end-users. Users of Fillaform are solely responsible for the content and design of their forms, and for ensuring that they have the necessary rights to use any copyrighted or trademarked material in their forms. By using Fillaform, users grant Fillaform a non-exclusive, worldwide, royalty-free license to store, transmit, and display their forms for the purpose of providing the Fillaform service.
Users of the Services must not engage in any activities that are deemed to be unreasonable or excessive in the use of the Fillaform system. This includes, but is not limited to, activities such as spamming, hacking, and unauthorized access to other users' accounts. Fillaform reserves the right to terminate the account of any user found to be in violation of this clause.
The Customer agrees to keep all information received from Fillaform, including but not limited to the Services, confidential and not to disclose such information to any third party without the prior written consent of Fillaform.
WARRANTIES AND DISCLAIMERS
Fillaform makes no representations or warranties of any kind, express or implied, with respect to the Services, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Fillaform does not guarantee that the Services will be error-free or uninterrupted.
LIMITATION OF LIABILITY
Fillaform's liability for any claim arising out of or in connection with this Agreement shall be limited to the fees paid by the Customer to Fillaform for the Services during the twelve (12) month period preceding the date on which the claim arose.
The Customer agrees to indemnify, defend and hold harmless Fillaform and its officers, directors, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with the Customer's use of the Services.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.