Date of Last Revision: 11th of December 2016
Please Read Carefully Before Using: The following terms of service “Terms of Service”) govern your use of the FormTrigger Website (the “Website”) and the FormTrigger web-based, application integration accessed through the Website («Service»), both of which are operated by The7bits B.V., The Netherlands based company. («FormTrigger»).
By using the Website and the Service, you irrevocably agree that such use is subject to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Website or the Service.
If you are entering into these Terms of Service on behalf of an entity, you represent that you have the actual authority to bind such entity to these Terms of Service.
FormTrigger expressly reserves the right to modify the Terms of Service and will notify you of the modifications and alterations and the effective date of such modified Terms of Service.
Any continued use by you of the Website or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service.
Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Website or Service.
(a) Warranty disclaimer: the site and, site content and the service are provided strictly on an «as is» and «as available» basis, and FormTrigger makes no warranty that the site, service or site content are complete, suitable for your purpose, or accurate.
On behalf of itself and its licensors, FormTrigger hereby expressly disclaims any and all implied, statutory or other warranties with respect to the site, site content, and service, or the availability of the foregoing, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
The entire risk as to results obtained through use of the site, service and/or the site content rests with you and FormTrigger makes no representation or warranty that the availability of the site and or the service will be uninterrupted, or that the site, service and/or the site content will be error free or that all errors will be corrected.
(a) Account Registration and Use License: In order to access and use all of the features of the Service, you are required to open an account («User Account») by registering with FormTrigger. When you register for your User Account you must provide true, accurate, current and complete information («Account Information»), and you commit to update the Account Information in order to ensure that it is up to date. Upon proper registration, FormTrigger hereby grants to you the personal, non-transferable, limited right and license to use the Service, solely for your own internal business purposes, until such time as either you or FormTrigger elect to terminate such right in accordance with these Terms and Conditions.
(b) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.
(c) Passwords: Upon registration on the Website, your User Account data (login and password) will be used to identify you. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify FormTrigger of any suspected or actual unauthorized use of your User Account. You agree that FormTrigger will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
(a) FormTrigger Content: Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on the Website and/or the Service (collectively, «FormTrigger Content») are the copyrighted works of FormTrigger and its licensors, and FormTrigger and its licensors expressly retain all right title and interest in and to the FormTrigger Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Service, any use of the FormTrigger Content may violate copyright and other applicable laws.
(c) Limited Website Content License: FormTrigger grants you the limited, revocable, non-transferable, non-exclusive right to use the FormTrigger Content and Third Party Content (collectively, «Website Content») by displaying the Website Content on your computer, and creating and sending messages to Subscribers.
(d) Monitoring of Website Content and use of Service: FormTrigger reserves the right, but does not undertake the obligation, to monitor use of the Website and/or the Service, and to investigate and take appropriate legal action against any party that uses the Website in violation of these Terms of Service or applicable law. FormTrigger reserves the right to accept, reject or modify any Website Content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Website Content or User Content.
(e) Materials Infringement: As a condition of your right to use the Website and the Service, you agree to respect the rights of others. Accordingly, you agree not to upload or post to the Website or the Service any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party. You also agree not to send any defamation materials or materials that may not comply with the applicable law. You acknowledge that FormTrigger will terminate your access to the Website and/or the Service if you repeatedly infringe the copyright of third parties.
(a) Account and Use of Service: You may use your User Account for the Service only in accordance with these Terms of Service and only for lawful purposes. You are responsible for your own communications, including the upload, transmission and sending of information, and are responsible for the consequences of their sending on or through the Service.
(b) Fees: the Service may only be accessed and used upon the payment of applicable fees («Fees») unless stated otherwise. Fees may vary depending on usage in accordance with our tariff plans. You are billed on a monthly basis. All features of your User Account and our Services may only be available with positive payment balance. If you do not initially register for a version of the Service that requires the payment of a fee, you will nonetheless be permitted to use all of the features of the Service for a certain period («Free Trial Period»). Upon the expiration of the Free Trial Period, you will only be able to access and use those features of the Service upon payment.
(c) Tariffs: we sell our Service according to different tariff plans (“Tariffs”), by using the Service you agree that your Fees may change without your prior agreement according to criteria applicable for the new Tariff in case the number of Clients increase overtime. The new Tariff shall be effective from the first day of the payment period in which you (your website) was registered to be no more eligible for the previous Tariff and you agree to repay the debt that occurred for such a month of Service. In case your balance allows charging you a higher bill, you will not be prompted for such increase in payments.
(d) Refunds: we refund only first 30 days of Service. If you use our Service for more than 30 days you will not be eligible for refund. We will extend your period of Service in case we find that you had not access and could not use our Service due to our fault. To our sole discretion, we may choose to refund you partial or full payment. In case you decide to stop using our Service and delete your User Account we will refund you all money not charged prior to termination of Service. In case breached these Terms or we find you have breached your local rules or the legislation of the European Union, we may immediately terminate your User Account without any refund, therefore any remaining amount on your balance will be deemed as payment of penalty to us.
(e) Cancellation and Termination: You are solely responsible for properly canceling your User Account. An email or phone request to cancel your User Account is not considered cancellation. You can cancel your User Account at any time by clicking on the settings link in the global navigation bar at the top of the screen. If you cancel your User Account before the end of your current paid-up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
(f) Prohibited Conduct: FormTrigger specifically prohibits any use of the Website or the Service for: (i) sending any (1) information which is incomplete, false, inaccurate or not your own, (2) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to use it, (3) material that infringes on any other intellectual property, privacy or publicity right of another, (4) advertisement, promotional materials or solicitation related to any product or service that is competitive with FormTrigger products or services or (5) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses; (ii) impersonating another person; (iii) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. In addition, you are prohibited from violating or attempting to violate the security of the Website, the Service or FormTrigger’s system or network security, including, without limitation, the following: (w) accessing data not intended for users of the Website or the Service, or gaining unauthorized access to an account, server or any other computer system; (x) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (y) attempting to interfere with the function of the Website, the Service, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, «flooding», «mailbombing», «crashing», or sending unsolicited e-mails; or (z) forging any TCP/IP packet header or any part of the header information in any e-mail. Violations of the Website’s or FormTrigger’s system or network security may result in civil or criminal liability.
FormTrigger operates or controls the operation of this Website and the Service from offices in The Netherlands. In addition, the Website and the Service may be mirrored, and other websites operated or controlled by FormTrigger may be located, at various locations in and outside of The Netherlands or the European Union. FormTrigger makes no representation or warranty that all of the features of this Website or Service will be available to you outside of the European Union, or that they are permitted to be accessed outside of the European Union. You acknowledge that you are solely responsible for any decision by you to use of this Website and/or the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
These Terms of Service constitute the entire agreement and understanding between the parties concerning the subject matter hereof. These Terms of Service supersede all prior or contemporaneous discussions, proposals and agreements between you and FormTrigger relating to the subject matter hereof. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by FormTrigger may be implied from any actions or failures to enforce rights under these Terms of Service. These Terms of Service will be governed by and construed in accordance with the laws of The Netherlands, without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms of Service will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Elst, The Netherlands, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
Please visit http://FormTrigger.com/privacy to understand how personal data is treated by us and what we need from you to do so.