Terms of Use

Last updated
July 18, 2024

1. Acceptance of Terms

These Terms & Conditions govern the aspects of any transaction between Form Connector App (“Solution” or “us” or “we”) and any party who uses our services (“Client” or “User” or “you”). Pursuant to this Agreement, Client may purchase, or use certain Services or Deliverables offered by Us. By engaging in business with Us, Client accepts and agrees to the terms and conditions set forth in this Agreement. If applicable, this Agreement also incorporates and is subject to Solution’s additional terms and conditions, which are posted on this website.

Any User accessing, using, or purchasing services from any Solution site or app will be responsible for the activities of their agents, representatives, and end-users and will be responsible for their cooperation with all of the Policies.

If a User becomes aware of any violation of the Policies set forth by Solution, the User is obliged to notify Solution immediately with any relevant information.

It is the sole responsibility of the User to review all Policies provided by Solution for changes, updates, or modifications.

2. Service Description

Form Connector App is a software-as-a-service solution that allows users to integrate form data from Webflow into various software tools and destinations. This service automates data transfer and simplifies the management of online form submissions to external APIs.

3. User Registration and Account Integrity

3.1 Users must register for an account to access all features of the Solution.

3.2 To access or use The Solution, you must have a valid Webflow account and have rights to operate said account.. The Solution is designed to integrate specifically with Webflow, and you cannot use The Solution without being a user of Webflow.

3.3 You are responsible for maintaining the confidentiality of your account details and are fully responsible for all activities that occur under your account.

3.4 You must notify Form Connector App immediately of any unauthorized use of your account.

4. Use of the Service

It is prohibited to use any Solution site, or the products (hereafter collectively referred to as the “Services”) offered on any Solution site or app – either now or in the past or future – for illegal, offensive, immoral, or abusive purposes, or in a manner that interferes with or adversely affects Solution or its agents, representatives, assets, and property including, but not limited to, any actions that would expose Solution to civil or criminal liability.

The User and their agents, representatives, and end-users agree not to use the Services for:

· Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution or creation, network attacks or any other action considered “black hat,”

· Interference of another User’s access to the Services, the app or any site,

· The unauthorized analysis, monitoring, penetration testing, or access of data, networks, or systems,

· Transmitting, storing, accessing or distributing illegal, unsolicited, fraudulent, or immorally obtained data or materials that may infringe or otherwise violate the privacy, intellectual property, publicity, or personal rights of any company, group, individual, or campaign, including but not limited to any copyright, patent, trademark, trade secret or other proprietary right,

· Engaging in offensive activities such as harassment, or transmitting, distributing, storing, or accessing content including media that is inappropriate, obscene, defamatory, threatening, abusive, or that advocates violence, violates a law, regulation, or public policy.

· Any activity that could potentially cause Solution to be civilly or criminally liable.

You may not resell any Services offered by Solution, without Solution’s written authorization.

In addition, the User and their agents, representatives, and end-users agree to abide by all applicable laws, rules and regulations related to their use of the Services, including data protection and privacy laws, as well as laws related to unsolicited messaging.

Solution will have final say on what activities constitute a violation of the Services. Some of the Services may have specific terms designated solely to their purpose. These terms will be provided to the User separately, and should be distributed by the User to their agents, representatives, and end-users. The User bears full responsibility for this distribution and ensuring compliance.

Solution reserves the right to investigate any actual, suspected, or alleged violations of the Policies. The User will reasonably cooperate with the investigations and any corrective measures necessary in any breach of these Policies by themselves, their agents, representatives, or end-users.

Solution and its agents, representatives, or vendors may implement technical measures to prevent violations of any of the Policies, including network scanning and analysis or network filters.

Nothing in any of the Policies set forth by Solution limits Solution’s rights and remedies at law or in equity.

Solution reserves the right to discontinue the relationship with the User at any time should they be in breach of the Policies set forth. Solution also reserves the right to implement suspensions, or terminations without prior notice. These terminations will include all data stored within the Services provided by Solution, and restoration may not be possible. In addition, Solution reserves the right to charge the User for any violation by the User or their agents, representatives, or end-users per hour for investigations (at a minimum cost of $150 USD per hour), as well as the cost of the equipment needed to respond to, investigate, and remediate the violation of any of the Policies. Solution reserves the right to block anyone from the use of the site and the Services at any time for any reason.

5. Intellectual Property

5.1 The Solution, its original content, features, functionality, underlying know how and process, as well as all design elements are and will remain the exclusive property of Form Connector App, other applicable owners, and its licensors.

5.2 Your use of the Solution does not grant you ownership of any intellectual property rights in the Solution or any of its content. Solution reserves all intellectual property rights to the fullest extent of the law.

6. Third-Party Services

The Solution may contain links to third-party websites or services that are not owned or controlled by Form Connector App. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

7. Third-Party Integrations and User Consent

7.1 User Consent: By using the Solution, you consent to the integration of your Webflow forms with third-party tools and services supported by the Solution. This includes the transfer and processing of your data to these third-party services as necessary to facilitate the integration.

7.2 Authentication and Security: The Solution operates using authentication tokens provided by the third-party services you choose to integrate with. These tokens grant the necessary permissions to access and transfer data but do not provide us with your login credentials or direct access to your accounts on those third-party services.

7.3 Data Handling and Privacy: While the Solution enables data flow between your Webflow forms and third-party tools, we do not store or manage your credentials for these services. All integrations are managed securely through the authentication mechanisms provided by the third-party services.

7.4 Responsibility and Liability: You are responsible for ensuring that your use of the Solution and any integrations comply with the terms and conditions of the third-party services you are using. We are not liable for any issues or damages arising from the use of third-party services or the handling of your data by these services.

8. Termination of Services

We reserve the right to terminate or suspend access to The Solution at any time, with or without cause, with or without notice. Other than termination of your account for cause, should the Solution be discontinued, or if we terminate our services, we will make reasonable efforts to provide notice to you prior to cessation of services. If The Solution is discontinued or we terminate our services, the following refund policies will apply:

Lifetime Plans: If you have purchased a lifetime plan and The Solution is discontinued within 18 months of your purchase, you will be eligible for a prorated refund. This refund will be calculated based on the unused portion of the service relative to the 18-month period from your purchase date. For example, if you spend $180 on a lifetime plan, and after 10 months the Solution is discontinued, you are eligible for an $80 refund. If you have purchased a lifetime plan and The Solution is discontinued within 18 months of your purchase, you will be eligible for a prorated refund. This refund will be calculated based on the unused portion of the service relative to the 18-month period from your purchase date. For example, if you spend $180 on a lifetime plan, and after 10 months the Solution is discontinued, you are eligible for an $80 refund. 

Yearly Plans: If you are on a yearly plan and The Solution is discontinued before the end of your subscription term, you will receive a  prorated refund corresponding to the unused portion of the year.

In either case, we will endeavor to provide as much notice as possible prior to discontinuation or termination, to allow for a smooth transition for our users.

9. Disclaimer of Warranties and Indemnification

EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT OR ESTABLISHED BY APPLICABLE LAW AS RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT, THE DELIVERABLES ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND SOLUTION DOES NOT MAKE AND HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.  SOLUTION DOES NOT WARRANT THE PERFORMANCE OR RESULTS THE CLIENT MAY OBTAIN BY PURCHASING ANY DELIVERABLES  OR SERVICES.

The Client agrees to indemnify and hold harmless Solution (and its officers, directors, employees and agents) from any and all losses, damages, fees, costs, fines and expenses (including without limitation, legal fees and expenses) (collectively, "Damages") that Solution may incur as a result of: (i) the Client’s breach of any covenant or representation or warranty contained herein, (ii) a claim by any third party as to the title of any Deliverable or Service  purchased by Client; and (iii) any loss or damage claimed by a subsequent third party against Solution for any loss or damage allegedly suffered by such third party. Client further agrees to pay such Damages as they come due to Solution.  The representations, warranties and right to indemnification provided by this clause survives the termination of this Agreement.The Client agrees to indemnify and hold harmless Solution (and its officers, directors, employees and agents) from any and all losses, damages, fees, costs, fines and expenses (including without limitation, legal fees and expenses) (collectively, "Damages") that Solution may incur as a result of: (i) the Client’s breach of any covenant or representation or warranty contained herein, (ii) a claim by any third party as to the title of any Deliverable or Service  purchased by Client; and (iii) any loss or damage claimed by a subsequent third party against Solution for any loss or damage allegedly suffered by such third party. Client further agrees to pay such Damages as they come due to Solution.  The representations, warranties and right to indemnification provided by this clause survives the termination of this Agreement.

10. Limitation of Liability

NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (OR TO ANY PERSON CLAIMING THROUGH THE OTHER PARTY) FOR LOST PROFITS OR REVENUE OR FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THIS AGREEMENT OR ITS SUBJECT MATTER, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT THAT PARTY HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES.

Any action for an alleged breach of this Agreement, or to enforce any right under this Agreement, other than an action by Solution to collect or contest the calculation of fees, will be commenced within six months after the cause of action has accrued or the breach or right will be deemed waived and barred. The total aggregate liability of either party for all claims asserted by the other party (or to any person claiming through the other party) under or in connection with this Agreement, calculated in each instance over the entire Term, regardless of the form of the action or the theory of recovery, other than an action by Solution to collect fees, will be limited to the amounts paid or payable to Solution by the Client for any non-confirming Deliverables which are the subject of dispute, but in no event will such amount exceed the total price paid to Solution by Client during the prior 6-month period, in the case of any given claim, preceding the date of the event giving rise to that claim. Client’s sole remedy, and Solution’s exclusive liability, for Solution’s failure to provide the Deliverables in conformance with this Agreement will be, at Solution’s sole option, the refund of the fees applicable to the non-conforming Deliverables.

 

The limitation set forth in this clause is cumulative, and all payments under this Agreement will be aggregated to calculate satisfaction of such limitation.  The term “Aggregate liability” will include, without limitation, attorney’s fees, and the existence of multiple claims will not enlarge the limitation set forth in this clause.

The parties agree that this clause provides a reasonable allocation of risk, and that Solution would not provide the Deliverables on the terms set forth herein without this allocation of risk.

Solution will handle all data provided by Client in accordance with reasonably practicable industry standard practices in effect at the effective date of this Agreement. In no event will Solution use a standard of protection less than that which Solution would use to protect their own confidential information of similar quality or importance Client agrees that Solution will bear no responsibility or liability of any sort of unauthorized access of, exposure of, or destruction of any information, personal or otherwise, provided to Solution by Client, for any reason other than gross negligence or willful misconduct of Solution.  

Solution shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via any Solution service, and shall not be responsible or liable for any error or omissions in that information. While Solution takes reasonable caution to prevent any such occurrence, Solution will not be responsible or liable for any harm or injury that may come from using any of Solution’s services.

Solution is under no legal or other obligation or duty to monitor any actions on Solution’s sites or Services provided, and Solution disclaims any responsibility or liability for the misuse of the Services provided. Solution has no responsibility or liability for any individual accessing, using, purchasing, or pursuing the site or Services, the content, material or information stored, created, maintained, transmitted, or accessible on or through the Services and is not obligated to monitor or exercise any editorial control over such material.

In the event that Solution becomes aware that any material that violates any of the Policies may exist, Solution reserves the right to block access to such material, but is not required to do so. Unless otherwise stated in the Policies, Solution disclaims any obligation whatsoever to any individual, company, group, organization, or other entity who has not entered into an agreement with Solution for use of the Services.

11. Changes to the Terms and Entire Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will try to provide prior notice to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Client acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions.  This Agreement is the entire agreement between the parties, and supersedes all prior amendments and understandings, whether oral or written, relating to the subject matter of this Agreement.  No amendment or modification of this Agreement is binding unless in writing and signed by both parties.

Until otherwise authorized and agreed upon, the services represented in this agreement are specific to the terms and services outlined in this Agreement only. Additional services or changes to the scope or nature of this Agreement must be authorized in writing by Solution through an addendum or new services agreement. This document becomes void only when explicitly voided in future addendums or written agreements. 

Solution is not responsible for the User’s receipt of this notification, or any issues or failure in sending the notification. Solution is not bound or obligated in any way to provide advance notice of changes.  The User, by agreeing to the existing Policies, accepts future revisions.

12. Governing Law

This Agreement will be governed by the laws of California, without giving effect to its laws or rules relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit, or proceeding brought by it in any way arising out of the Agreement must be brought solely and exclusively as a binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association in California, regardless of where any sale may have occurred. The foregoing notwithstanding, prior to and after the filing of any action, the parties agree to make a good faith effort to resolve disputes through settlement discussions or through the use of a neutral third-party mediator. The place of mediation, and/or settlement discussions shall be in Los Angeles, California and each party shall bear its own costs. Parties may attend mediation remotely. Each party further (a) accepts and submits to the sole and exclusive jurisdiction of such arbitration in person, generally and unconditionally with respect to any action, suit, or proceeding brought by it or against it by the other party, either as an arbitration, or as an action in court (b) specifically waives the right to object to such venue based on forum non conveniens, (c) agrees to the service of process by notice sent using an internationally recognized courier service to the party’s address listed in this Agreement; and (d) in the event of any action or proceeding to enforce or interpret any of the provisions of this Agreement, the substantially prevailing party will be entitled to be reimbursed for the costs of that action or proceeding, including reasonable attorneys’ fees and costs.

Absent a specific stipulation by the parties otherwise, discovery at arbitration will be limited to only that which is necessary to enable the arbitration to proceed efficiently. No punitive, exemplary, or consequential damages may be awarded by the Arbitrator, nor shall Arbitrator have the authority to modify this Agreement. Any arbitration award may be entered into any court having proper jurisdiction to enforce such a judgment. Arbitration costs will be split by the parties.BOTH PARTIES SPECIFICALLY WAIVE ANY RIGHT TO TRIAL BY JURY, AND ALL RIGHTS GRANTED TO CLIENT UNDER THIS AGREEMENT ARE SPECIFIC AND PERSONAL TO CLIENT WHO PURCHASED THE SUBJECT DELIVERABLE(S) ONLY.

13. No Waiver and Notice

No failure or delay by Solution in exercising any right, power or privilege given by any provision of this Agreement shall operate as a waiver of the provision.  Additionally, no single or partial exercise of any right, power or privilege shall preclude any other or further exercise of that or any other right, power or privilege. 

Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be delivered by hand; sent by certified U.S. mail, cable, telex, telegram, facsimile transmission or electronic mail; or delivered by overnight or similar delivery service, fees prepaid, to the party to whom such notice is to be given.  All notices given under this Agreement shall be deemed received three (3) calendar days after deposit in the United States mail if sent via certified mail, on the date of actual delivery if sent via overnight courier, and on the date of actual transmission or delivery if sent via cable, telex, telegram, facsimile transmission or electronic mail or if delivered personally.  Notices to the Client and Solution shall be given at the respective addresses set forth in this Agreement.  A party may change its address for notice by informing the other of the change in writing.

14. Remedies and Assignment

No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and in addition to every other remedy given hereunder, now or hereafter existing at law or equity or by statute or otherwise. CLIENT AGREES THAT MONETARY DAMAGES MAY NOT BE ADEQUATE TO REMEDY BREACHES OF THIS AGREEMENT AND EXPRESSLY AGREES THAT SOLUTION MAY OBTAIN AN INJUNCTION OR OTHER EQUITABLE REMEDY TO PROTECT ITS RIGHTS.

Client may not assign Client’s rights under this Agreement, and these rights may not be assigned or transferred to any other person or entity by sale and/or operation of law.  Any such attempt to transfer or assign any Client right is void.

15. Severability & Headings.

If any part of this Agreement is found to be prohibited by law, the remainder shall remain valid and enforceable.

16. Contact Us

If you have any questions about these Terms, please contact us at hello@formconnectorapp.com.

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