1.Agreement between user and Fabform
Please note that Section 11. Disputes with Fabform, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
Fabform.io is a service that accepts form submissions and sends emails. The service provides a backend for website forms that emails submissions to the user’s email address.
Fabform customers may process users’ personal information and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a Fabform customer accidentally discloses personal information contained in a submission, the customer, not Fabform will be responsible for that unauthorized disclosure.
If, however, Fabform and sellers are found to be joint data controllers of buyers’ personal information, and if Fabform is, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Fabform for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification below for more information about your indemnification obligations to Fabform.
Visiting Fabform or sending emails to Fabform 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 and that your electronic agreement is the same as your signature on paper.
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 Fabform is not responsible for third party access to your account that results from theft or misappropriation of your account. Fabform and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Fabform 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 Fabform.io only with permission of a parent or guardian. You are responsible for any and all account activity conducted by a minor on your account.
5.Links to third party sites/Third party services
Fabform.io may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Fabform and Fabform 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. Fabform is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fabform of the site or any association with its operators.
Certain services made available via Fabform.io are delivered by third party sites and organizations. By using any product, service or functionality originating from the Fabform.io domain, you hereby acknowledge and consent that Fabform may share such information and data with any third party with whom Fabform has a contractual relationship to provide the requested product, service or functionality on behalf of Fabform.io users and customers.
6.No unlawful or prohibited use/Intellectual Property
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 Fabform 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.
7.Your use of our services
As a global company based in the US with operations in other countries, Fabform must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the US Department of the Treasury. You may not use the Services to enable any person (including you) to benefit any activities Fabform has identified as a prohibited business or activity (collectively, “Prohibited Businesses”). Prohibited Businesses include use of the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). You may not use Fabform to enable individuals or entities identified on sanctions lists such as OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List.
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 are responsible for paying all fees that you owe to Fabform. 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. You agree not to “crawl,” “scrape,” or “spider” any page of the Services. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
As a condition of your use of the Site, you agree that you will not use the Site in relation to any website that contains prohibited content (“Content”). This includes, but is not limited to the following Content:
Fabform reserves the right to add or remove Content at any time. The final choice of whether an account is in violation of any of these policies is at the sole discretion of Fabform.
We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Fabform are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub- licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
The Service is controlled, operated and administered by Fabform from our offices within the United State of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fabform Content accessed through Fabform.io in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Fabform, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fabform reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fabform in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FABFORM.IO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FABFORM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
11.Limitation of Liability Under no circumstances will Fabform be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or Fabform have been advised of the possibility of such damages. Fabform is not liable, and deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Services, your Fabform Account, or Data, or your failure to use or implement anti-fraud measures, Security Controls, or any other data security measure. Fabform further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Services inconsistent with the Documentation; (b) any unauthorized access of servers, infrastructure, or Data used in connection with the Services; (c) interruptions to or cessation of the Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (f) third-party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Fabform under this Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to Fabform during the three-month period immediately preceding the event that gave rise to your claim for damages.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
We provide the Services from facilities in the United States. We do not claim, and we cannot guarantee that Services we provide from the United States are or will be appropriate or available for any other location or jurisdiction, comply with the Laws of any other location or jurisdiction, or comply with Laws governing export, import, or foreign use.
12.Disputes with Fabform
If you are upset with Fabform, please let us know and we hope to resolve your issue. If we are unable to, these rules govern any legal dispute regarding our Services.
The Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and Fabform agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Fabform are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Fabform will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
If either you or Fabform intends to arbitrate under these Terms, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Fabform should be sent to Fabform at firstname.lastname@example.org. Notice to you will be to your email address(es) and street address(es), if any, that Fabform has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the dispute within 30 days, either party may then proceed to file a claim for arbitration.
Any legal action against Fabform related to our Services must be filed and take place in San Antonio, TX. That means the seat of any arbitration shall be San Antonio. If for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and Fabform, will be brought exclusively in the courts located in the state court located in Bexar County, Texas or the United States District Court for the Western District of Texas. In such cases, you and Fabform agree to submit to the personal jurisdiction of the courts located within the county of San Antonio, Texas or the Western District of Texas, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas.
Customer shall pay the fees applicable to the Paid Plan that Customer selected at the time of initial sign-up. Customer may opt to upgrade or downgrade to any other Paid Plan that Fabform is currently offering at any time during Customer’s subscription term; provided that a downgrade will be not be effective until the renewal of subscription term.
All fees are non-cancelable and non-refundable, including in case of Customer’s termination of the subscription term. Customer pays in advance total fees for the subscription term, and in advance at renewal for any renewal term. No refunds will be provided for the unused portion of the subscription term or renewal term in case of termination. Following any termination, however, Customer will continue to have access to the Paid Plan Services through the end of Customer’s then- current subscription term.
Fabform reserves the right to change the fees or to institute new charges or to otherwise change the terms and conditions applicable to the Paid Plans; provided, however, that any such changes will apply only (a) to new Services procured after the changes; and (b) to continuing Services for any renewal term(s) starting after notice of such changes was provided or such earlier time as Customer affirmatively accepts the modified terms.
Customer is responsible for all sales, use, value added and similar taxes of any nature associated with Services other than U.S. taxes based on Fabform’s income.
If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
Fabform has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
If an account is suspended for violation of Terms, Fabform is not obligated to provide a refund, and will do so solely at its discretion.
You agree that we may identify you as a customer in our promotional and marketing activities and on our website.
Fabform reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fabform as a result of this agreement or use of the Site. Fabform’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fabform’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fabform with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fabform with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fabform with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
16.Changes to Terms
Fabform reserves the right, in its sole discretion, to change the Terms under which Fabform.io is offered. The most current version of the Terms will supersede all previous versions. Fabform encourages you to periodically review the Terms to stay informed of our updates.
Fabform welcomes your questions or comments regarding the Terms. You may contact us via email at email@example.com.