Aweform - Terms of Use

1. Eligibility

In order to use Aweform you must: By using Aweform, you represent and warrant that you meet all requirements listed above, and that you will not use Aweform in a way that violates any laws or regulations. Aweform may refuse service, close any user accounts, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up for Aweform and continues as long as you use the Service. Entering your email address and clicking the “Sign Up” or “Login” button means that you have officially “signed” the Terms. If you sign up for Aweform on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Termination

You or Aweform may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if there is cause, like a violation of these Terms. Once terminated, we may permanently delete your account including all the data associated with it. If your account is not used for 6 or more months, we may treat your account as "inactive" and permanently delete the account including all the data associated with it.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within fourteen (14) days, the new Terms will be effective immediately and apply to any use of Aweform. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You are responsible for keeping your password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of any of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your password as we do not store your actual password, we store only a hashed and salted version of it.

6. Account Disputes

You will not request access to or information about an account that is not yours, and you will resolve any account related disputes directly with the other party. We decide who owns an account based on the contents of that account, and if multiple people or entities are identified, then we will rely on the contact information listed for that account.

7. Pricing

Our prices are available on our Website and may be changed by us at any time.

8. Payment

Payment is due each month on the same date, or the closest date in that month, to the day you upgraded your account to a paid account.

9. Credit Cards

As long as you are on a paid plan, you will provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for any reason, we are unable to process your credit card order, we will attempt to contact you via email and may suspend your account until your payment can be processed.

10. Refunds

We will offer you a refund for a prepaid month if we stop providing our Services to you for a reason that is not laid out in these Terms. You will not be entitled to a refund from us under any other circumstances.

11. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide Aweform (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets in accordance with our guidelines.

12. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material you present in your Forms. You retain ownership of the content you upload to the Service. We may use or disclose your content only as we describe in these Terms and our Privacy Policy, which is to be treated as part of these Terms.

13. Right to Review Content

We may view content from your account to validate that you are not breaking the Terms of Service, or for purposes of solving issues with your account. We may not share your content with a third party.

14. General Rules

You promise to follow these rules: If you violate any of these rules, then we may suspend or terminate your account.

15. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received unsolicited email you think came from a Aweform user, please report it to abuse@aweform.com. If you think anyone has posted material that violates any copyrights, then you may notify us at copyright@aweform.com.

16. Compliance with Laws

You represent and warrant that your use of Aweform will comply with all applicable laws and regulations. You are responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you are subject to regulations (like HIPAA) and you use our Service, then we will not be liable if our Service does not meet those requirements. If you are located in the European Economic Area (EEA) or share content with anyone in the EEA, you represent and warrant that in sharing content via Aweform, and collecting information as a result, you: Will clearly describe in writing how you plan to use any data collected, including for your use of Aweform. You will get express consent to transfer data to Aweform as part of this process, and you will otherwise comply with whatever privacy policy you have posted. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of content through Aweform. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Aweform to receive and process data and send communications to that individual on your behalf. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

17. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

18. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

19. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that are not allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

20. Attorney Fees

If we file an action against you claiming that you breached these Terms and we prevail, we are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

21. Liquidated Damages

In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages: If you send emails that violate anti-spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $1000. If you do not pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $500 plus the amount owed.

22. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

23. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

24. Disclaimers

We and our Team are not responsible for the behavior of any users of the service.

25. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

26. Choice of Law

The laws of Stockholm, Sweden, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the courts in Stockholm, Sweden, and each party will be subject to the jurisdiction of those courts.

27. Force Majeure

We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

28. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

29. Severability

If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

30. Amendments and Waiver

Amendments or changes to these Terms will not be effective until we post revised Terms on the Website. If we do not immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.

31. No Changes in Terms at Request of User

Because we have so many Users, we cannot change these Terms for any one User or group of Users.

32. Further Actions

You will provide all documents and take any actions necessary to meet your obligations under these Terms.

33. Notification of Security Breach

In the event of a security breach that may affect you or any of your contacts, we will notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to your contacts, you will promptly do it.

34. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at notice@aweform.com.

35. Entire Agreement

These Terms and our Privacy Policy make up the entire agreement and supersede all prior agreements, representations, and understandings.