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Terms of Use

Posted in Terms.

Terms of Use for iForm4U

Last Updated: 27 September 2024

These Terms of Use ("Terms") govern your access to and use of the iForm4U service ("Service"), operated by Privote.net sp. z o.o. ("Company," "we," "us," or "our"). iForm4U is a Software-as-a-Service (SaaS) platform that provides an online form-building tool for both personal and business use. The Service operates on a recurring subscription model, with monthly and yearly plans available. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

1. Acceptance of Terms

By creating an account, subscribing, or using iForm4U, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. These Terms apply to both individual consumers ("Users") and business entities ("Companies").

2. Eligibility

You must be at least 18 years old or possess the legal capacity to enter into a binding contract to use the Service. If you are using the Service on behalf of a Company, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Subscription Plans and Billing

iForm4U operates on a recurring subscription model, offering both monthly and yearly plans. Subscription fees vary based on the plan selected and whether you are a User or a Company.

3.1 Recurring Billing

  • Automatic Renewal: By subscribing, you authorize iForm4U to automatically charge your selected payment method at the beginning of each billing cycle (monthly or yearly) for the applicable subscription fee, including any applicable taxes such as VAT, GST, or sales tax.

  • Billing Cycle: Your subscription will automatically renew unless canceled prior to the renewal date. The billing date corresponds to the date you initially subscribed.

  • Invoices and Taxation: Invoices will be issued electronically after each payment, reflecting your billing address and customer status (Private Consumer or Company). VAT may apply based on the user's location and status, as required by Council Directive 2008/9/EC for EU business users who do not provide a valid VAT number. Failure to provide accurate information regarding VAT status will result in VAT being applied to your subscription fees.

  •  Taxes will be applied based on applicable laws and regulations:

    • European Union: VAT will be charged according to the Council Directive 2006/112/EC on the common system of value added tax ("EU VAT Directive"). Companies with a valid VAT identification number may be exempt under the reverse charge mechanism as per Article 196 of the EU VAT Directive.

    • United Kingdom: VAT will be applied in accordance with the Value Added Tax Act 1994.

    • United States: State and local sales taxes may apply based on your billing address, as required by relevant state laws.

    • Australia: Goods and Services Tax (GST) will be applied pursuant to the A New Tax System (Goods and Services Tax) Act 1999.

    • Similar local tax regulations for other countries.

3.2 Payment Currencies

Payments may be made in Euro (EUR), US Dollar (USD), or Polish Zloty (PLN). If you choose to pay in a different currency, the amount will be automatically converted to one of the above-listed currencies, depending on the payment provider's exchange rates.

3.3 Price Changes

iForm4U reserves the right to modify subscription fees. Any price changes will be communicated to you in advance, and the new rates will apply at the start of your next billing cycle. If you do not agree with the new pricing, you must cancel your subscription before the changes take effect.

4. Acceptable Use of the Service

4.1 Anti-Spam and Communication Consent

You are strictly prohibited from using iForm4U to send unsolicited communications ("spam") to recipients who have not explicitly consented to receive such messages. You agree to comply with all applicable anti-spam laws and regulations, including but not limited to:

  • European Union: General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the ePrivacy Directive (Directive 2002/58/EC).

  • United Kingdom: Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR).

  • United States: Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 ("CAN-SPAM Act").

  • Canada: Anti-Spam Legislation (CASL).

  • Australia: Spam Act 2003 (Cth).

  • Similar laws in other jurisdictions.

Failure to comply may result in immediate termination of your account under Section 5.2 and may subject you to civil and criminal penalties.

4.2 Ownership and Use of Content

You are solely responsible for all content, including but not limited to text, images, photos, graphics, and videos ("Content"), that you upload or use within the Service. By uploading or using Content, you represent and warrant that:

  • You own all necessary rights, licenses, and permissions to use the Content.

  • The Content does not infringe upon any third-party intellectual property rights, privacy rights, or other legal rights.

  • The Content complies with all applicable laws and regulations.

iForm4U reserves the right to remove any Content that violates these Terms or is deemed inappropriate at our sole discretion.

5. Subscription Management

5.1 Upgrades and Downgrades

  • Upgrading: You may upgrade your subscription plan at any time. The additional fees will be prorated for the remainder of your current billing cycle and charged immediately.

  • Downgrading: You may downgrade your subscription, which will take effect at the end of your current billing cycle. No refunds or credits will be issued for downgrades.

5.2 Subscription Termination

  • By You: You may terminate your subscription at any time through your account settings. Termination will take effect at the end of your current billing period. You will retain access to the Service until that time.

  • By iForm4U: We reserve the right to suspend or terminate your account immediately if:

    • You violate these Terms.

    • We are unable to process your payment.

    • Your use of the Service is deemed illegal or harmful.

Upon termination, your data may be permanently deleted. It is your responsibility to back up your data prior to termination.

5.3 Data Retention

  • For users with an active paid subscription, data will be retained for the duration of the active subscription.

  • For accounts without a paid subscription or free accounts without any user activity, data will be retained for three (3) months. After this period, we reserve the right to delete your data. You will be notified before any deletion of data.

5.4 Refunds

  • Exclusion of Cooling-Off Period for EU Consumers: Pursuant to Article 16(m) of the Consumer Rights Directive 2011/83/EU, the right of withdrawal (cooling-off period) does not apply to digital content not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and acknowledgment that they lose their right of withdrawal.

    By subscribing to iForm4U and accessing the Service immediately, you expressly consent to the commencement of performance and acknowledge that you lose your right of withdrawal.

  • Refunds for Companies: Refunds are not available for Companies unless required by applicable law.

  • General Refund Policy: No refunds will be issued for unused portions of your subscription after the billing cycle has commenced.

6. License and Restrictions

iForm4U grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your internal business or personal purposes, subject to these Terms.

You agree not to:

  • Modify, copy, or create derivative works based on the Service.

  • Resell, sublicense, or transfer the Service to any third party.

  • Use the Service for any unlawful or unauthorized purposes.

7. Data Ownership and Privacy

You retain ownership of all data you submit through the Service. By using iForm4U, you grant us permission to store, process, and transmit your data as necessary to provide the Service.

Your personal data will be handled in accordance with our Privacy Policy and applicable data protection laws, including:

  • European Union: General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).

  • United Kingdom: Data Protection Act 2018 and UK GDPR.

  • United States: Relevant federal and state laws, including the California Consumer Privacy Act (CCPA).

  • Australia: Privacy Act 1988 (Cth) and the Australian Privacy Principles.

  • Similar laws in other jurisdictions.

8. Service Availability and Support

We strive to provide continuous access to the Service but do not guarantee uninterrupted availability. Maintenance, upgrades, or unforeseen issues may occasionally affect access.

Support is available via [Email/Phone] during [Support Hours].

9. Limitation of Liability and Disclaimers

9.1 No Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. iForm4U does not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.

9.2 Limitation of Liability

To the maximum extent permitted by applicable law, iForm4U shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, resulting from:

  • Your access to or use of the Service.

  • Unauthorized access to or alteration of your transmissions or data.

  • Any conduct or content of any third party on the Service.

10. Indemnification

You agree to indemnify and hold harmless iForm4U, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, or expenses (including reasonable attorneys' fees) arising out of or in connection with:

  • Your violation of these Terms.

  • Your use of the Service.

  • Your violation of any applicable laws or regulations.

  • Your infringement of any third-party rights, including intellectual property rights.

11. Governing Law and Dispute Resolution

  • These Terms are governed by and construed in accordance with the laws of the jurisdiction in which the Company is based, which is Poland, EU.

  • Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts located in Poland, EU.

12. Changes to Terms

We reserve the right to modify these Terms at any time in accordance with applicable laws. We will notify you of any material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

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