2.1 Technology changes fast, and we wan't to keep our services up-to-date. We therefore may make changes to the Terms and/or our other operating rules, policies and/or procedures from time to time, in our sole and absolute discretion. We will notify you of any changes to the Terms by posting the updated Terms on SignForms's website and/or the SignForms platform, and we will revise the “Updated” date above. Any changes to our operating rules, policies and/or procedures shall be incorporated herein. It is your responsibility to review the Terms frequently and to remain informed of any changes to them. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances including but not limited to sending you an email informing you of the changes and/or by prominently posting notice of the changes on SignForms's website and/or SignForms platform. If you do not agree with the changes and/or modifications, you shall not use the SignForms platform after the effective date of the changes. The then-current version of the Terms will supersede all earlier versions. You agree that your continued use of the SignForms platform after such changes have been published will constitute your acceptance of such revised Terms and operating rules, policies and/or procedures (as applicable).
3.1. Ownership and Rights to Access and/or Use the SignForms platform. By using the SignForms platform and subject to your compliance with the Terms: (a) SignForms and our licensors grant to you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the SignForms platform; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the SignForms platform without the express prior written permission of SignForms. Neither the Terms nor your access to and/or use of the SignForms platform transfers to you and/or any third party any rights, title and/or interest in any intellectual property rights related to the SignForms platform.
3.2. Reservation of Rights. Our SignForms platform and those of our licensors are protected by applicable intellectual property laws. Subject to the limited rights expressly granted hereunder, SignForms and/or its third party providers, licensors and suppliers reserve all right, title and interest in and to the SignForms platform, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
3.3. Availability of Content. We do not guarantee that any content will be made available on the SignForms platform. We reserve the right to, but do not have any obligation to, (i) remove, edit and/or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims and/or allegations from third parties and/or authorities relating to such content and/or if we are concerned that you may have violated the Terms), and/or for no reason at all and (ii) remove or block any content from the SignForms platform.
4.1 SignForms offers service and support to users, by phone, chat and email. SignForms shall, within reasonable measurements, answer request and initiate tickets as soon as possible. Support is included during weekdays 8:30-16:30 local time. An additional one time fee might be charged based on the complexity of updates.
5.1. Use of SignForms platform and Availability. SignForms retains the right, in its sole and absolute discretion, to deny access to and/or use of the SignForms platform to anyone at any time and for any reason. While we use reasonable efforts to keep the SignForms platform accessible, the SignForms platform may be unavailable from time to time. You understand and agree that there may be interruptions to the SignForms platform and/or use of and/or access to your Account due to circumstances both within our control (e.g., routine maintenance) and outside of SignForms's control. You are solely responsible for ensuring that your access to and/or use of the SignForms platform is in compliance with all laws, rules and regulations applicable to you and the right to access and/or use the SignForms platform is revoked where your access to and/or use of the SignForms platform is prohibited. Further, the SignForms platform are offered only for your use, and not for the use and/or benefit of any third party.
5.2. Creating an Account. To sign up, access and/or use the SignForms platform, you must create an account (an “Account”). Your Account requires you to (i) indicate agreement to the Terms, (ii) provide contact information, and (iii) submit any other form of authentication required during the registration process, as determined by SignForms in its sole and absolute discretion. You agree not to create an Account and/or use the SignForms platform if you have been previously removed by us and/or banned from the SignForms platform. You agree that SignForms will not be liable to you and/or to any third party for any suspension and/or termination of your Account and/or any refusal of any access to and/or use of the SignForms platform (or any portion thereof). You must provide accurate and complete information and keep your Account information updated. You shall not: (a) select and/or use as a username a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person other than you without appropriate authorization; and/or (c) use as a username a name that is otherwise offensive, vulgar and/or obscene. You are solely responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account. Your Account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate the Terms we may terminate your account immediately. You must notify us immediately of any change in your eligibility to use the SignForms platform, breach of security and/or unauthorized access to and/or use of your Account. You should never publish, distribute and/or post login information for your Account. If we terminate your Account, you may not subscribe under a new Account unless we formally invite you. You must immediately notify SignForms of any unauthorized uses of your Account or any other breaches of security. SignForms will not be liable for any acts and/or omissions by you, including without limitation any damages of any kind incurred as a result of such acts and/or omissions.
5.3. Restrictions. Except as expressly specified in the Terms, you shall not (i) modify, and/or make derivative works of, disassemble, reverse compile and/or reverse engineer any part of the SignForms platform; (ii) license, transfer, sell, rent, lease, distribute, assign, host, sublicense and/or otherwise commercially exploit the SignForms platform, in whole or in part; (iii) frame and/or utilize framing techniques to enclose any trademark, logo, and/or other portion of the SignForms platform (including images, text, page layout, and/or form); (iv) use any metatags and/or other “hidden text” using SignForms's name and/or trademarks; (v) use any manual and/or automated software, devices and/or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" and/or download data from any pages contained in the SignForms platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the SignForms platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such); (vi) use and/or access the SignForms platform in order to build a similar and/or competitive website, product, and/or service; (vii) copy, reproduce, distribute, republish, download, display, post and/or transmit any part of the SignForms platform in any form and/or by any means; (viii) remove and/or destroy any copyright notices and/or other proprietary markings contained on and/or in the SignForms platform; (ix) intentionally hold SignForms and/or their employees and/or directors up to public scorn, ridicule and/or defamation; (x) promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property; (xi) take any action that imposes or may impose (as determined by us in our sole and absolute discretion) an unreasonable and/or disproportionately large load on our (and/or our third party providers') infrastructure; (xii) interfere and/or attempt to interfere with the proper working of the SignForms platform and/or any activities conducted on the SignForms platform; (xiii) run any form of auto-responder and/or “spam” on the SignForms platform; (xiv) use the SignForms platform for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the SignForms platform provided; and/or (xv) make the functionality of the SignForms platform available to multiple users through any means, including, but not limited to distribution of the SignForms platform or by uploading the SignForms platform to a network and/or file-sharing service and/or through any hosting, application services provider and/or any other type of service. You will comply with any technical restrictions on the SignForms platform that allow you to use the SignForms platform only in certain ways. Any unauthorized use of the SignForms platform terminates the rights granted by SignForms pursuant to the Terms.
6.1 You can purchase forms by selecting a plan and your credit card on file will be charged on a recurring basis. All fees, expenses and taxes due hereunder will be paid in local currency with local applicable taxes if that currency are provided in the service. All fees due and payable by you to MarketDental under the Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. All fees due and payable under the Terms are exclusive of taxes, which will be added at the prevailing rate from time to time. When you sign up for a paid plan, you are agreeing to pay and take responsibility for all charges made in accordance with the chosen plan, and your subscription will automatically renew at the end of the subscription term unless you cancel as further set forth herein.
6.2. Cancellation policy. Once a user submits a request for cancellation, no additional charges will be made. However, no refunds (prorated or otherwise) are provided upon cancellation. In the interest of fairness to all of our clients, no exceptions will be made. Cancellations should done in writing via our contact us page or by phone.
6.3. Monthly plan billing. SignForms's monthly plans provide month-to-month access, with monthly charges being made each renewal day (on the 1st day of the month). Monthly plans automatically renew every month. If you cancel before an upcoming renewal day, you will have access to your Account through the end of the then-current month.
6.4. Failed charges; Suspension. If your credit card on file is closed or the Account information is changed, or if, for any reason, a charge is rejected, you shall immediately update your Account or supply a new payment account, as appropriate. If you are unable to update your credit card account with appropriate information, then SignForms will send an invoice to you detailing the amount due. You must pay the amount due in full within seven (7) days after the date of the invoice. You agree to notify SignForms in writing of any changes to your Account information or termination of any authorization at least thirty (30) days prior to the immediately subsequent billing date. In the event payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. SignForms may, without liability to you, disable the password, Account and access to all or part of the SignForms platform if any fees are not paid within forty-five (45) days after such fees first becoming due and payable under the Terms. In the event of the foregoing, SignForms shall not be obligated to provide any and/or all of the SignForms platform until such fees are paid in full. Accounts that have been terminated may be reactivated if valid payment information is entered and the card can be successfully processed for all charges accrued on the Account since the failed credit card charge.
6.5 Due to added costs and general solution improvements, SignForms may increase pricing to existing customers.
7.1. You represent and warrant that: (1) any information and/or User Content you provide in connection with your access to and/or use of the SignForms platform is true, accurate and complete and you will maintain and update such information regularly; and (2) you will respect the intellectual property, other information and all rights of SignForms and others using the SignForms platform.
7.2. Content Provided by Others. The SignForms platform may contain User Content provided by other users and/or third parties. Please carefully choose the information that you post on, through and/or in connection with the SignForms platform. You assume all risks associated with User Content, including anyone's reliance on its quality, accuracy, and/or reliability by you. We are not responsible for and do not control such User Content. SignForms disclaims any and all liability for your disclosure of personally identifiable or confidential information you submit via the SignForms platform to other users. It is your responsibility to ensure that SignForms platform users to whom you submit personally identifiable or confidential information will take appropriate security and non-disclosure measures.
7.3. Retention of Information. We keep the submited data for a limited time. Check your SignForms Platform Account for more details.
8.1. You agree that you will not under any circumstances transmit any User Content (including software, text, images, or other information) that:
(a) is unlawful and/or promotes unlawful activities;
(b) defames, harasses, abuses, threatens, or incites violence towards any individual or group;
(c) is pornographic, discriminatory and/or otherwise victimizes and/or intimidates an individual and/or group on the basis of religion, gender, sexual orientation, race, ethnicity, age and/or disability;
(d) is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation and/or any form of lottery and/or gambling;
(e) contains and/or installs any viruses, worms, malware, Trojan horses and/or other content that is designed or intended to disrupt, damage and/or limit the functioning of any software, hardware, and/or telecommunications equipment and/or to damage and/or obtain unauthorized access to any data and/or other information of any third party;
(f) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity and/or other rights;
(g) impersonates any person or entity, including any of our employees or representatives; and/or
(h) violates the privacy of any third party.
9.1. Enforcement. SignForms cannot and does not undertake to screen, review, edit, censor and/or otherwise filter and/or control User Content and/or the behavior of users of User Content and/or the SignForms platform. SignForms may, but shall not be obliged to, review, either by manual and/or automated means, all User Content which is and/or may be uploaded on this SignForms platform, and monitor and/or review any areas of this SignForms platform where users transmit and/or post communications or communicate with each other or SignForms (as applicable). We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms and/or otherwise create liability for us or any other person. Such action may include without limitation removing and/or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
9.2. User Content Liability. SignForms shall not be liable for any loss, deletion, removal and/or failure of delivery to the intended recipient of User Content, whether caused by computer virus, unauthorized access and/or otherwise. You are encouraged to retain a back-up copy of all User Content and you undertake that you shall do so in respect of all uploaded User Content. SignForms reserves the right to deny access to this site and delete User Content at any time without notice.
10.1. No legal advice. The SignForms platform do not provide legal advice and SignForms is not a law firm. Part of the SignForms platform may involve the making of contracts, and/or other legal relations and although we attempt to make sure our information is accurate and useful, we recommend you consult with a lawyer if you want legal advice. SignForms does not offer any legal advice, legal opinions, recommendations, referrals, and/or counseling. SignForms is not involved in agreements between you and other users and will not take any responsibility of the contract between the parties.
10.2. Local Laws. The use of the SignForms platform may be governed by the laws of different countries or regions, and you agree to abide by such local laws. You agree that your use of any electronic signatures will be as valid as any manual signatures, if authorized by local law, and you will ensure that your use of electronic signatures is in conformance with local laws and regulations.
10.3. Electronic Communications. By using the SignForms platform, you agree to receive certain communications in connection with the SignForms platform. The communications between you and SignForms use electronic means, whether you use the SignForms platform or send us emails, or whether SignForms posts notices on the SignForms platform or communicates with you via email. For contractual purposes, you (i) consent to receive communications from SignForms in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SignForms provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be a hardcopy in writing. The foregoing does not affect your non-waivable rights.
11.1 Subject to this Section, the Terms will remain in full force and effect while you access and/or use the SignForms platform. We may terminate your Account and/or your access to and/or use of all or any part of the SignForms platform at any time, with or without cause, with or without notice, effective immediately and without liability, which may involve deletion of your User Content associated with your Account from our databases. You agree that SignForms will not be liable to you or to any third party for such removal. If you wish to terminate your Account, you may do so by following the instructions through your Account. SignForms will not have any liability whatsoever to you for any termination of your rights under the Terms, including without limitation for termination of your Account and/or deletion of your User Content.
12.1. SignForms is under no obligation to become involved in any dispute that you have with other users and/or in any incident that you are party to with other users, or that are affected by and/or otherwise related to the SignForms platform.
12.2. SignForms disclaims all liability relating to any User Content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User Content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User Content and any other User Content. You are solely responsible for any damage (including without limitation to the SignForms platform) resulting from use (and/or submission) of any User Content and/or the SignForms platform (including without limitation disputes and incidents described in the preceding sections) and related transactions and/or occurrences. SignForms shall have no responsibility for unauthorized access to your Account, and/or automatic forwarding of messages and/or viruses (caused by viruses or otherwise).
13.1. Where SignForms provides web hosting or other services via the SignForms platform involving the provision of computer storage space, and/or in relation to other relevant services, SignForms reserves the right to impose and vary limits and/or restrictions (temporary or otherwise) on the use of the Service, including, without limitation, limits on the storage provided by reference to storage space, time/age of files, number and/or size of files, amount of data down and/or uploaded and/or any other criteria SignForms may specify. Any content and/or materials which exceeds any such limit, may be deleted and/or not accepted for such storage, without liability to SignForms.
14.1. DISCLAIMER OF WARRANTIES. THE SERVICES, AND ANY CONTENT, ARE PROVIDED BY SIGNFORMS TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS. SIGNFORMS DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH SIGNFORMS EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, SIGNFORMS AND/OR ITS LICENSORS, PARTNERS AND CONTENT PROVIDERS MAKE NO WARRANTY THAT (A) THE SERVICES AND/OR CONTENT WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; (C) ANY CONTENT AND/OR SOFTWARE AVAILABLE AT AND/OR THROUGH THE SERVICES IS FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS AND/OR (D) SIGNFORMS WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM SIGNFORMS AND/OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF FIRST USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIGNFORMS AND/OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14.2. LIMITATION OF LIABILITY. IN NO EVENT SHALL SIGNFORMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SIGNFORMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; AND/OR (II) ANY BUGS, VIRUSES, TROJAN HORSES, AND/OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY SIGNFORMS ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, SIGNFORMS' LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SIGNFORMS'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID BY YOU TO SIGNFORMS IN CONNECTION WITH THE SERVICES (ONLY THE USER/LICENSE FEE) IN THE SIX (6) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIGNFORMS AND YOU, AND INCLUDE ALL APPENDIXES TO THIS GENERAL TERM, SUCH AS THE DATA PROCESSING AGREEMENT APPLIED FOR CUSTOMERS PROCESSING DATA FOR EUROPEAN CITIZENS.
15.1. Indemnification. You will defend, indemnify and hold SignForms, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including without limitation reasonable attorneys' fees, that arise from and/or relate to (i) your use of the SignForms platform and/or inability to use the SignForms platform; (ii) your User Content; (iii) your violation of the Terms, (iv) your violation of any rights of a third party through use of the SignForms platform or User Content; (v) fraud you commit and/or your intentional misconduct and/or negligence and/or (vi) your interaction with any other user. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of SignForms. SignForms will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15.2. Waiver. You hereby forever discharge and release us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to: (a) the SignForms platform; (b) any inaccurate, incomplete, unreliable, illegal or infringing content posted on the SignForms platform, whether caused by us or any user of the SignForms platform, or by any of the equipment or programming associated with or utilized in the SignForms platform; (c) the conduct, whether online or offline, of any user; (d) any injury, loss or damage caused by another user or User Content posted on the SignForms platform, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, and/or alteration of, the SignForms platform users' communications.
18.1 If you are processing data concerning European individuals, you acknowledge that you are the data controller for any personal data processed by SignForms on behalf of you in relation to the Service and that SignForms is your data processor. The Parties have therefore agreed to enter into the DPA (Data Processing Agreement) which shall remain effective independently of the Agreement otherwise for as long as SignForms processes personal data on behalf of you.
If you would like to request additional information regarding the Terms or for any questions regarding a commercial relationship with SignForms, please contact us here.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE SET FORTH HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND SIGNFORMS WILL BE RESOLVED BY MANDATORY ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
Updated: Tue, 11 Jan 2022