By accessing the Formly application developed by Formly Ltd (“Formly”) on a device, you agree to the following terms and conditions governing your use of Formly application (collectively, the “Services”). If you are agreeing on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the Services.
Your Use of the Site or the Services
You must use the Site complying with law and public order. In particular, you undertake to not use the Site to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site or the Services.
Acceptable Uses Policy
You may not use, or facilitate or allow others to use, the Services or the Formly Site:
- for any illegal or fraudulent activity;
- to violate the rights of others;
- to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm;
- for any content or activity that promotes child sexual exploitation or abuse;
- to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
- to send unsolicited (spam) email to newsgroups, message boards, distribution lists, or email addresses.
Email Message Requirements
Formly has a zero-tolerance spam policy. This means the following:
- You must not send unsolicited email to newsgroups, message boards, distribution lists, or email addresses.
- You must not use the Services to send emails with deceptive subject lines or false or misleading header information.
- You can only use the Services to send emails messages to people that have opted in to, or otherwise validly consented to, receiving communications from you, the sender through that medium. If you don’t have proof that each recipient opted in for your emails messages (as applicable), don’t import them into any lists in the Services. We prohibit the use of harvested mailing lists.
- You must not utilize the Services to send any email messages in a way not permitted by or compliant with applicable law, carrier compliance requirements or industry standards, or to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned.
- You are responsible for ensuring that the email messages you send in connection with your surveys/forms/applications/questionnaires or any use of our Services do not generate spam complaints.
If we believe you are violating any of these prohibitions, we may suspend (temporarily or permanently) or terminate your account(s)
Formly does not own any data, information or material that you submit to the Services in the course of using the Services (“Customer Data”). You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Formly is not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.All non-personally-identifying information, potentially personally-identifying and personally identifying-information is stored in a restricted database.You agree to notify Formly immediately of any unauthorized use of the Services of which you become aware or any other known or suspected breach of security.
If you are a customer who is operating as “data controller” as defined in the European General Data Protection Regulation 2016/679 (“GDPR”) we have added some additional terms below to address your obligations under this law. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the Formly privacy policies.
GDPR Terms for Customers
These additional terms will apply to you, where you are a customer operating as a “data controller” of “personal data” of “data subjects” located in the EU (as those terms are defined in the GDPR) in your use of the Services.
The terms “personal data,” “data subject,” “processing,” and “processor” shall have the meanings given to those terms respectively in the GDPR.
By requesting the Services and agreeing to these Terms and the Formly privacy policies, you are providing us with instructions to process any personal data collected by you through the Service, on your behalf.
You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to Formly so that Formly may lawfully process and transfer the personal data in accordance with these Terms. You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal data processed by Formly in the provision of the Services.
Where Formly is processing personal data on your behalf, it will:
(a) only do so on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these terms and the Formly privacy policies constitute such documented instructions;
(b) ensure that all Formly personnel involved in the processing of personal data have committed themselves to confidentiality;
(c) where applicable to you and where it is technically feasible, make available information necessary for you to demonstrate compliance with your obligations under Article 28 of the GDPR, where such information is held by Formly and is not otherwise available to you through your account and user areas or on Formly websites, provided that you provide Formly with at least 14 days’ written notice of such an information request;
(d) promptly notify you of all requests received directly from a data subject in respect of that data subject's personal data submitted through the Services;
(e) upon deletion by you, not retain personal data from within your account other than in order to comply with applicable laws and regulations and as may otherwise be kept in routine backup copies made for disaster recovery and business continuity purposes (which are also deleted no later than 9-12 months after data is deleted from an account); and
(f) to the extent reasonably able, assist you as reasonably required (at your expense) where you wish to conduct a data protection impact assessment involving the Services.
If you use the services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). Formly provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.
You acknowledge and agree that you are prohibited from collecting or entering cardholder data into any form or data entry fields in the services, except into those fields intended solely for that purpose (i.e. where Formly explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.
Limitations of Liability
You expressly understand and agree that Formly shall not be liable to you or to any third party for 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.
Representations and Warranties
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on "AS IS" basis, without warranty of any kind. Without limiting the foregoing, Formly does not represent or warrant to you that: (a) your use of the Services will meet your requirements; (b) your use of the Services will be uninterrupted, timely, secure or free from error; (c) any information obtained by you as a result of your use of the Services will be accurate, reliable or without error; and (d) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
A small number of customers are responsible for generating large volumes of traffic, which can impact the Services Formly offer to other customers. Our fair usage policy is designed to ensure that all of our customers receive a fast and reliable Services.
If, in Formly opinion, you are abusing the Services in any way, exceeding fair use policy then Formly reserve the right to suspend or terminate the customers ability to share forms.