By using the FormsByAir Service you acknowledge that you have read and understood these terms, and agree to be bound by them. If you will be using the Service on behalf of an organization, you agree to these terms on behalf of that organization and you represent that you have the authority to do so. If these terms are not acceptable, you must cease using the Service immediately and cancel your account.

1. Definitons

"Agreement"

means these Terms of Use.

"Form Data"

means data submitted using forms hosted by FormsByAir on our Website.

"FormsByAir"

means Forms By Air Limited, a New Zealand registered company.

"Plan"

means a pricing and service level plan.

"Publisher Data"

means user accounts, logos, form definitions, form geotags, third-party access tokens and form delivery metadata.

"Service"

means the online form service made available via the Website.

"Service Fee"

means the monthly fee (excluding any taxes and duties) payable by you in accordance with your Plan.

"Website"

means the internet site at the domain formsbyair.com

2. Software License

FormsByAir hereby grants you the right to access and use the Service for your own, lawful purposes, in accordance with these terms and any notice sent by FormsByAir or condition posted on the Website. This right is non-exclusive and non-transferable.

3. Your Obligations

You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify FormsByAir of any unauthorised use of your passwords or any other breach of security.

You shall abide by all applicable local, state, national and international laws and regulations and be solely responsible for all acts or omissions that occur with respect to your form(s) and/or under your account or password, including those related to the protection of intellectual property, data privacy, international communications and transmission of technical or personal data.

You will not transmit through the Service:

  • any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.
  • any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
  • any material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group.
  • any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.

You will not interfere with or disrupt networks or websites associated with the Service or violate the regulations, policies or procedures of such networks.

You will not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks associated with FormsByAir.

4. Privacy

Our Privacy Policy details how we treat Publisher Data and Form Data. Acceptance of these terms implies acceptance of that policy.

5. Intellectual Property

General

Title to, and all Intellectual Property Rights in the Service, the Website and any documentation relating to the Service remain the property of FormsByAir.

Ownership of Publisher Data

Title to, and all Intellectual Property Rights in, Publisher Data remain your property. However, your access to Publisher Data is contingent on full payment of the FormsByAir Service Fee when due. You grant FormsByAir a licence to use, copy, transmit, store, and backup your Publisher Data for the purposes of enabling you to access and use the Service, and for any other purpose related to the provision of services to you.

Backup of Publisher Data

FormsByAir adheres to best practice policies and procedures to prevent data loss, but does not make any guarantees that there will be no loss of Publisher Data. FormsByAir expressly excludes liability for any loss of Publisher Data no matter how it was caused.

Ownership of Form Data

Title to, and all Intellectual Property Rights in, Form Data are subject to your privacy policy.

Backup of Form Data

FormsByAir does not backup Form Data. You are solely responsible for the storage and security of Form Data submitted via your forms once it has been delivered to you. FormsByAir expressly excludes liability for any loss of Form Data no matter how it was caused.

6. Warranties And Acknowledgements

FormsByAir reserves the right to change any and all content and features of the Service, at any time without notice.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. FormsByAir assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Publisher or Form Data. FormsByAir is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, website or failure of email on account of technical problems or traffic congestion on the internet or any combination thereof, including injury or damage to anyone's computer, mobile phone, or other hardware or website, related to or resulting from using, uploading, or downloading materials in connection with the Service. Under no circumstances will FormsByAir be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone's use of the Service, or for any interactions between users of the Service, whether online or offline.

FormsByAir is not reponsible for the content of any form or invitation to fill out a form, or Form Data created on or through the Service.

FormsByAir may modify this Agreement from time to time, including the Service Fee and Plans. We will notify you of changes we make by posting a notice on our Website, or, if we choose, by sending you an email. If you do not accept the changes, you must terminate your subscription or other use at that time. Your use of the Service after the notice is posted (or we send you the email) shall be deemed to be acceptance of the modification or termination of the Service or Agreement.

Use of the Service may be subject to limitations, including but not limited to monthly form submission volume, and number of published or active forms. Any such limitations will be advised.

7. Limitation Of Liability

FormsByAir, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Website or Service; (b) the unavailability or interruption of the Service; (c) your use of the Service; or (d) any delay or failure in performance of the Service.

8. Termination

You may terminate your account at any time, for any reason.

If you terminate during a billing period, you will not receive a refund for any amount of time you did not use in that billing period unless a refund is required by law.

FormsByAir reserves the right to terminate your account for violation of any of these terms, at any time, and without notice.

If FormsByAir terminates your account during a billing period, you will not receive a refund for any amount of time you did not use in that billing period unless a refund is required by law.

9. General

No Assignment

You may not assign or transfer any rights to any other person without FormsByAir's prior written consent.

Jurisdiction

New Zealand law governs this Agreement and you submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.

Severability

If any part or provision of these terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

Entire Agreement

These terms (including the Publisher Privacy Policy) constitute the entire agreement between you and FormsByAir, and supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.



Last Updated May 2017