IMPORTANT: YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
The Standard Terms of Service (“Terms,” including our Terms & Conditions, End User License Agreement and Data Processing Addendum) define the terms and conditions under which you’re allowed to use the Services in accordance with the Agreement, which in addition to our Privacy Policy, describe how we’ll treat your account and the data we collect and process about you, your end users, and your contacts. If you don’t agree to these Terms, you must immediately discontinue your use of the Services.
Visiting formtracks.com or sending emails to FormTracks constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FormTracks is not responsible for third party access to your account that results from theft or misappropriation of your account. FormTracks and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. FormTracks does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use formtracks.com only with permission of a parent or guardian.
formtracks.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FormTracks and FormTracks is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FormTracks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FormTracks of the site or any association with its operators. Certain services made available via formtracks.comare delivered by third party sites and organizations. By using any product, service or functionality originating from the formtracks.com domain, you hereby acknowledge and consent that FormTracks may share such information and data with any third party with whom FormTracks has a contractual relationship to provide the requested product, service or functionality on behalf of formtracks.com users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use formtracks.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FormTracks that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FormTracks or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FormTracks content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FormTracks and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FormTracks or our licensors except as expressly authorized by these Terms.
These Terms of Service and End User License Agreement (“EULA”) govern the use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use of the software and/or immediately cease any use of the software.
If you are a paying subscriber to the Services, to the extent that FormTracks processes any Personal Data (as defined in the DPA) that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Services, the terms of the data processing addendum located here (“DPA” or “Addendum”), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses referenced in the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.
The terms “reproduce,” “reproduction” and “distribution” have the same meaning here as under U.S. copyright law.
“You” means the licensee of the software.
“Your company” means the company you worked for when you use the software.
“Reference use” means use of the software within your company as a reference, in read only form, for the sole purposes of debugging your products, maintaining your products, or enhancing the interoperability of your products with the software, and specifically excludes the right to distribute the software outside of your company.
“Licensed patents” means any Licensor patent claims which read directly on the software as distributed by the Licensor under this license.