Digital Form Creator is a web-based service/product, which is the property of 818 software
BY USING Digital Form Creator’s WEBSITE (INCLUDING ITS CONTENT) AND/OR PRODUCTS AND/OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS THAT FOLLOW, TO ANY POLICIES THAT MAY BE ADDED TO THEM, AND TO ANY REVISIONS OR CHANGES THAT THEY MAY BE THE SUBJECT OF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR YOU DO NOT WISH TO BE BOUNDED BY THEM, DO NOT USE Digital Form Creator’s WEBSITE, PRODUCTS OR SERVICES. Digital Form Creator reserves the right to, at any time, update the Terms and Conditions, at its discretion, to take into account legal, industry-related, or any other changes in the status quo. The most recent updated version of this agreement is available on the “Digital Form Creator.com” website, though Digital Form Creator isn’t required to notify Users of an update to Terms and Conditions. Hence, We strongly encourage all Users to fully read this agreement and review it regularly. The documents are in effect upon the date of their last update.
TERMS OF SERVICE
The Digital Form Creator’s website, its contents, products and services are available to all individuals of legal age, who are legally capable of entering into contracts (binding agreements). Proof of compliance to these criteria may be requested upon access to all (or some) services and/or products, in the form of identification details or contact information.
These Terms of Service are established between Us and Users. No other person is entitled to benefit under these.
If any court or regulator decides that any provision of these Terms of Service is invalid or otherwise unenforceable, such provision shall be severed and deleted from these TOS and the remainder terms and conditions shall continue to have full force and effect.
If TOS are inconsistent with the terms and conditions noted on Your registration with Digital Form Creator (if applicable) the TOS shall prevail, unless otherwise specified on additional documentation supplied by Digital Form Creator’s Customer Care department.
Wherever found in the Terms and Conditions, ”You”, “Yourself” and “User” refers to you, the user of the Digital Form Creator’s website, its contents, products and services, and “Your” shall be interpreted accordingly. Moreover, “We”, “Us” and “Digital Form Creator” refer to Digital Form Creator and “Our”, “Digital Form Creator’s” and “818 Sopftware” shall be interpreted accordingly. “User Information” refers to the personal details that may be collected by Us on Digital Form Creator.com and/or in the course of the registration and/or acquisition to/of any Digital Form Creator’s services or products. “Our Website” refers to the website “Digital Form Creator.com” and all webpages associated to it. However, “Digital Form Creator Survey” refers to Surveys of Our Users, hence created using the system Digital Form Creator. “Third Party” refers to any person/entity/company that are not associated to Digital Form Creator
The subscription cost is paid monthly using PayPal
Corporate customers enter into a mutual agreement with invoices issued for payment through PayPal
Duration and Cancellation
The the service is active while the customer has an active monthly PayPal subscription service established.
At any time the service can be cancelled by the customer using their PayPal reoccurring payments or by contacting 818 Software
Thirty days after the cancellation or expiration of the contract, Digital Form Creator has the right to irrevocably delete all data provided by the customer, including the questionnaires, survey participants and survey results without prior notification.
Payments/Fees and Refunds
Note: Anytime you have any questions / requests regarding your payments, you are encouraged to contact 818 Software.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact contact Our Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
6 Refund Requests
a) For establishing an account and the service not being delivered.
b) For duplicate/double orders.
c) For such cases when product is not as expected
d) Due to technical issues that cannot be solved.
“Acceptable Usage” of Digital Form Creator’s website, surveys, its contents, products and services is defined in Paragraphs 6.1 through 6.8. Activities that go against or are otherwise forbidden by these paragraphs are, therefore in violation of the TOS and make You liable to disciplinary action and legal prosecution. For more information, please refer to Article 9.
You will not post on nor distribute through the Digital Form Creator Site any materials that are of defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that somehow violate or infringe, in any way, on Our rights or on the rights of others (including but not limited to intellectual property rights, confidentiality rights and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience on Us or others. Moreover, You may not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We encourage Users to treat each other in a respectful and polite manner.
6.2 Ownership of Content
You will not post nor otherwise make available on Digital Form Creator Site any material which You do not own, without the express consent of the lawful owner of the material in question.
All information entered into or processed through the Digital Form Creator Customer interface website shall remain the property of the owner and will be secured while being a customer, on ceasing to be a customer the information stored will be erased from the server after 14 days.
You will not engage in any behavior or action that may affect the operability or the security of Digital Form Creator Site nor will You cause unreasonable inconvenience nor disruption to Our staff.
You will not impersonate any person/entity, nor misrepresent Your affiliation with a person/entity.
You will not promote Your Digital Form Creator Survey by sending SPAM (i.e., emails sent to accounts without the previous agreement of the account owner).
6.6 Robot Software
You will not use robot software (nor any other software that is not Digital Form Creator) to create new Digital Form Creator Surveys nor to access nor modify Digital Form Creator Surveys.
You will not use workarounds of any kind, to overcome package limitations or limitations of any Digital Form Creator service or feature.
Obligations of the User
The User is not permitted to make his/her user account accessible to third parties.
The User must keep his/her access data and personal password in a safe place to prevent third party access.
The User must change the password in regular intervals for security reasons. He/she may change the password online anytime. If the customer suspects that a third party has knowledge of the password, he/she must change it immediately.
All copyright materials, trademarks and other intellectual property rights materials or contents supplied as part of Digital Form Creator Site shall remain the property of 818 Software, you are not permitted to use this material or content unless authorized by Us or Our licensors. Moreover, You are only allowed to use such material in the manner described in the Terms and Conditions, and no other. You will not copy, reproduce, distribute, commercially exploit nor in any form benefit/profit from such materials or contents, nor You will assist/facilitate any Third Party in actions such as the ones mentioned above.
Moreover, if You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
We shall abide by all applicable country-specific data protection legislation regarding any of Your personal information gathered by Us.
9.2 Data Processing
9.3 Data Withdraw
You may request to withdraw Your personal information from Our marketing database. To do so, You (the owner of the project) must make a written request (from the email address used to register the project) to Our Customer Care department either using the link in Your Digital Form Creator Survey, or by the Contact webpage in Our Website.
9.4 Changes in Personal Data
We strongly recommend the update of all personal information, since this data is used in Customer Care services.
In order to use Our services and products, You must have a valid registration to Digital Form Creator. This entitles to have a project in which You can have multiple Digital Form Creator Surveys. To register, You must provide a valid email address, a password and other personal information. You are the sole responsible for the confidentiality of Your password and account. All activity originated from Your account and/or password is Your responsibility. We strongly suggest that You keep Your password and account information strictly confidential and do not share it with anyone. In case of unauthorized use of Your password and/or account, immediately notify Digital Form Creator in writing from email address used to register the project. To avoid misuse of Your account, ensure that You sign out from Your account at the end of each and every session.
9.6 Responsibility in connection with Respondents
The person who creates and deployes the form is concidered the responsible person.
Violation of Our Terms
Failure to comply with the conditions stated on Article 6 and/or participation in activities that go against or are otherwise forbidden by these Terms of Service make You liable to disciplinary action and legal prosecution. The decision to initiate disciplinary action (including but not being limited to interruption of all services) falls under the discretion of Digital Form Creator. Please report infractions to the present Terms of Service, Our Terms and Conditions or to Your local laws. To inform us of any such activities, please click here.
Interruption/Termination of Services
We reserve the right to immediately terminate or suspend indefinitely Our services to You, if You breach or We have reasonable grounds to believe that You are likely to breach Our Terms and Conditions. Also, We will terminate Our services to You, at Our sole discretion, if You engage in a conduct which We determine to be unacceptable.
WE ARE NOT RESPONSIBLE FOR DAMAGES TO USERS OR TO THIRD PARTIES OR TO THEIR HARDWARE THAT OCCUR DIRECTLY, INDIRECTLY NOR ACCIDENTALLY AS A RESULT OF NOR IN CONNECTION WITH THE USE OF OUR SERVICES AND/OR PRODUCTS, INCLUDING THE DOWNLOAD OF MATERIAL THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR DAMAGE TO USERS OR THIRD PARTIES AS A RESULT OF THE INABILITY TO USE OUR SERVICES AND/OR OUR WEBSITE AND/OR PRODUCTS, NOR DIRECT, INDIRECT, NOR IN CONNECTION WITH THIS EVENT. HENCE, YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER Digital OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF Digital Form Creator SURVEY, OUR SERVICES AND PRODUCTS IS DONE AT YOUR SOLE RISK AND THAT Digital Form Creator WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY AND/OR FUNCTIONALITY OF ANY THIRD PARTY’S WEBSITE AND/OR MATERIAL YOU MAY ACCESS THROUGH Digital Form Creator SITE.
12.1 Third Parties
We do not endorse and shall not be held responsible nor liable for any content, advertising, product or service on or available through Third Party Websites.
Any transactions between You and any Third Party found on or via the Digital Form Creator Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the entity in question. Therefore, We are neither responsible nor liable for any loss/damage of any sort, incurred in such dealings.
12.2 Exclusion of Warranty
Digital Form Creator, its subsidiaries, and its licensors do not represent nor warrant to You that:
(a) Your use of the services and products will meet Your requirements;
(b) Your use of the services and products will be uninterrupted, timely, secure or free from error, or viruses;
(c) Any information obtained by You as a result of Your use of the services and products will be accurate or reliable;
(d) Defects in the operation or functionality of any software provided to You as part of the services will be corrected;
No advice or information, whether verbal or written, obtained by You from Digital Form Creator, through or from Our services shall create any warranty not expressly stated in the terms. Digital Form Creator further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
subject to overall provision in the disclaimer (article 12) above, you expressly understand and agree that Digital form creator, its subsidiaries and its licensors shall not be liable to you for the conditions stated on paragraphs 13.1 through 13.3.
Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:
(a) Any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the services;
(b) Any changes which Digital Form Creator may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(c) Deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the services;
(d) Your failure to provide Digital Form Creator with accurate account information;
(e) Your failure to keep Your password or account details secure and confidential.
The limitations on Digital Form Creator’s liability to You in paragraph 13.1 above shall apply whether or not Digital Form Creator has been advised of or should have been aware of the possibility of any such losses arising. also, limitations which are lawful in Your jurisdiction will apply to You.
13.3 Information Provided on Digital Form Creator Sites
We are not responsible for nor We will be liable to:
(a) Materials written by Users, particularly those posted on blogs and/or forum. In addition, We do not endorse such materials and reserve the right to monitor such contributions, as well as, to respond, comment, edit, refuse to post, or remove any content from blogs and/or forum at Our absolute discretion. However, failure to remove particular material does not constitute an endorsement nor acceptance of it by Us;
(b) The accuracy, timing or reliability of any information/statement on Digital Form Creator Site, nor We will be held accountable/liable for statements, advice and/or opinions generated by Users on blogs and forum (except to the extent required by law). If You have any claim arising from the actions and/or statements of another User, You agree to pursue such a claim only against that User and not against Us;
(c) The quality, accuracy nor fitness of Digital Form Creator Site, except to what is required by law. However, We will engage in all reasonable efforts to provide Our services in the most professional manner;
(d) Any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible nor liable to You for any other loss/damage that You or any Third Party may be the subject of as a result of using nor in connection with Your use of Digital Form Creator Site.
Continuous Improvement Process
The quality of oOur services and products is the main focus of Digital Form Creator attention; hence Our system is subject of a Continuous Improvement Process (CIP) both on the technological and design aspects of the product.
As part of our commitment to excellence, Digital Form Creator welcomes Your comments and suggestions to some or all of the conditions and policies stated on the present Terms and Conditions. In order to contribute with your comment/suggestion, contact 818 Software, or send an email to: email@example.com
Digital Form Creator is a service provided by 818 Software.