Effective Starting: May 25, 2018
Last Updated: May 15, 2018

These terms of service (“Terms”), in conjunction with our Privacy Policy, are the entire legal agreement between you (“You”) and Appnitro Software (developer of MachForm Cloud) and its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers (“Us” or “We”).

These Terms govern the use of Our MachForm Cloud Service (“Service”).

Acceptance of Terms of Use

By accessing and using the Service, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE SERVICE IN ANY MANNER. We reserves the right to limit or terminate your access to the Service if you do not comply with these Terms of Use.

We may need to update these Terms from time to time. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Site. If you do not agree to our updated Terms, you can delete your account at any time.

Availability

We do our very best to make the Service available 24 hours per day, 7 days per week except for a) short periods of planned downtime of less than 10 minutes in any 24 hour period, b) planned downtime greater than 10 minutes for which we will endeavor to give at least 48 hours notice and will where practical schedule such downtime on Saturday or Sunday c) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, technical failures beyond our control, internet service provider failures, or denial of service attacks.

Usage Restrictions

• You may not use the Service in an unlawful manner, including but not limited to, violation of intellectual property rights, sending spam or other unsolicited messages in violation of applicable laws, to transmit infringing, threatening, offensive, libelous or otherwise unlawful material, or to store or transmit malicious code.
• You may not use the Service in any site which contains the following materials: Adult content and services, Gambling, Counterfeit or unauthorized goods, Intellectual property or proprietary rights infringement .
• Phishing. You agree that We may terminate your Service immediately if a form’s purpose is found to be deceptively obtaining: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as phishing and any account along with the violating forms will be suspended immediately.
• Collecting Sensitive Information. You may not use the Service to collect certain types of sensitive information, including but not limited to credit card information and any type of login credentials. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your form data, to which We agrees you retain all rights) of the MachForm Cloud Service, use of the MachForm Cloud Service, or access to the MachForm Cloud Service

Data

• Ownership. We claim no intellectual property rights over the material you provide to the Service.
• Portability. At any point you may request a full database export of all your data contained within the Service.
• Protection. We shall neither modify nor disclose your data to a third party unless as compelled to by law or as necessary to provide the Service, to prevent or address technical issues or to respond to Your support requests.
• Security. We shall maintain appropriate administrative, physical and technical safeguards to protect the security and confidentiality of Your data and the personal data of your users, including but not limited to the appropriate use of SSL encryption for data in transmission.
• Storage. Your data is stored in secure datacenters located in the United States. Your data is regularly backed up to the Amazon data storage platform which provides further fault tolerant secure storage.

Backups

We will use good faith efforts to backup data stored on the Service once a day. Backups are intended for our internal use only (to restore the service in case of failure or emergency situation) and we cannot guarantee that a backup will be available for restore upon your request. It is your responsibility to backup data of all your content in order to prevent potential data loss.

PAYMENT, REFUNDS, FEES, UPGRADING AND DOWNGRADING

• Accounts will be billed/charged upon completion of account creation process.
• Service of the Applications is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For the purposes of equality, no exceptions will be made.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
• Downgrade is only available when the account is eligible for the target downgrade plan.

CANCELLATION AND TERMINATION OF SERVICES

• You are solely responsible for properly canceling your account. You can cancel your account at any time from within your account site.
• Any or all of your data will be permanently removed from our system upon cancellation. This removal cannot be reversed. The data that is lost cannot be restored. We reserves the right to preserve any or all of the data in a non-restorable form.
• If you cancel your plan before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. You will not receive a refund for unused time.
• MachForm, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Applications, or any other MachForm service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account. MachForm reserves the right to refuse service to anyone for any reason at any time.

MODIFICATIONS TO PRICES AND PLANS

• MachForm reserves the right at any time and from time to time to modify or discontinue the operation, support, and service of the Applications, temporarily or permanently, with or without notice.
• Details for plans, including but not limited to features enumerated on the Website, are subject to change upon 30 days notice from MachForm. Such notice may be provided at any time via any channel, including but not limited to digital notices on the Website.
• Prices, including but not limited to monthly subscription plan fees to the Applications, are subject to change upon 30 days notice from MachForm. Such notice may be provided at any time via any channel, including but not limited to digital notices on the Website.
• MachForm shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Support

The Service includes basic support for purchased services to You at no additional charge which is available by email. We do not provide phone, live chat or any other support method.

You acknowledge that the Service is inherently complex, that not all errors will be identifiable or be corrected and that the time it might take to correct errors may not be commercially reasonable. The Author provides support on a “best efforts” basis only and does not represent or warrant that it will be able to resolve every technical support request.

THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. THE AUTHOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

Publicity

You grant us the right to include your company’s name as a customer on our website and other advertising and promotional materials. Within thirty business days after your written request, we will remove your company’s name from the MachForm website and will cease to include the name in our other advertising and promotional materials.

INDEMNIFICATION

By accepting the Agreement, you agree to indemnify and otherwise hold harmless the Author, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software to the extent permitted by applicable law.
LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AUTHOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AUTHORS’S TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO THE AUTHOR UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD.

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