Terms & Conditions Of Use: Paperform App

Last Updated 26 July 2021

1. About Us

Thank you for subscribing to Paperform ("us", "we", "our").

You have either accepted a free trial (Essentials Plan only) or purchased an Essentials Plan or Pro Plan (collectively, "Plans"), with us through your App Store account with Duda, Inc. ("Duda"). You can use our Paperform application integrated within the Duda App Store platform ("App Store") to quickly and easily build custom forms with a range of features including taking payments, booking and scheduling functionality, custom emails, integrations, and more (the "Services").

2. Acceptance of these Terms

Please read these Terms and Conditions (the "Terms") carefully. These Terms, our Privacy Policy and all other policies related to the Services form the entire legal agreement between you and us.

By purchasing the Services through the App Store you will be taken to have read, understood and agree to be bound by these Terms. You may also accept these Terms by clicking to accept the Terms where this option is made available to you.

If you do not agree with the Terms, you must stop using the Services immediately.

You may not use the Services or accept the Terms if you are not of legal age to enter into a binding contract with us.

If you are agreeing to these Terms on behalf of a company or organization, you warrant and agree that you have the authority to bind the company or organization to these Terms and that the company or organization will be bound by these Terms. We reserve the right to change the Terms at our sole discretion at any time by reasonable notice to you including by posting revised Terms on our website at paperform.co (the Website), notifying you by email or through a notification when you access the Services. Any changes to the Terms take immediate effect and shall be binding on you from the date of their posting on the Website or the date of the notification on the Services. Your continued use of the Services will constitute your acceptance of the revised Terms.

3. Access

In order to access the Services, you must have an account with the App Store and have subscribed to the Services through your App Store account ("Account"). You warrant that any information provided to us during the Account registration process is accurate, correct and up to date. You are solely responsible for protecting your registration information. Sharing your registration information with any individuals or third party is strictly prohibited and may result in the immediate cancellation of your Subscription and Services.

If your registration information changes, you must promptly update your Account information to reflect those changes.

You are responsible for maintaining the confidentiality and integrity of your Account and password and are responsible for all use and activity carried out on your Account. You must immediately notify us of any unauthorized use of your registration information and/or any breach of security of which you become aware.

Once you have accepted these Terms, you will have an Account with our Services on the App Store and be a registered member of our Services ("Member"). As a Member you will be granted immediate access to the Services from the time you have accepted the Terms until the first of the following occurs:

the end of your free trial period, unless you have purchased a Plan;
your Account with our Services expires or is cancelled; or
until your account with the App Store expires or is cancelled.

4. Free Trial

When you register for a new Account, you will be able to access the full features of the Essentials Plan for 7 days at no charge.

At the end of the free trial, we may at our discretion offer to extend the period of your free trial, which we will do by notifying you via email.

For the avoidance of doubt, we do not offer a free trial under the Pro Plan subscription.

5. Subscription to use the Services

Once you have activated an Account or at the end of the free trial, you will be required to purchase a subscription ("Subscription") and pay the applicable fee through your App Store account for the selected Subscription ("Subscription Fee") to use the Services and the Plans.

By purchasing a Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you select is suitable for your use.

Your subscription will start when you have paid the Subscription Fee through your App Store account and will continue until the end of the subscription period you have selected ("Subscription Period"). At the end of the initial Subscription Period, your Subscription will automatically renew for a further Subscription Period on the same terms as the initial period, unless you cancel your Subscription through your App Store account or contact the App Store to cancel your Subscription before it renews.

We may but are not obligated to send you any renewal notices or other reminders at the end of the Subscription Period. It is your sole responsibility to monitor your Account and promptly advise the App Store of any changes to your Account or Subscription, including cancellations.

6. Your Obligations as a Member

As a Member, you must:

use the Services only for lawful purposes that are permitted by the Terms;
not create Accounts with us through unauthorized means, including by using an automated device, script, bot, or other similar means;
not use the Services or Website to promote or partake in any illegal or unauthorized conduct;
not knowingly post or upload any materials that contain any software or computer viruses;
not upload any content that violates third party intellectual property rights;
not upload any content that violates an individual's rights to publicity or privacy;
not upload any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
abide by Paperform's Website Terms of Use and Privacy Policy; and
use the Services in full compliance with all applicable laws.

7. Member Content

We reserve the right to monitor, review, verify, edit, modify or delete any material created by you through the Services ("Member Content").

You are solely responsible for Member Content that you post, publish, or otherwise transmit through the Services.

8. Relationship between Members and respondents

We are not a party to any contractual relationship between you and your customers or form respondents. You are solely responsible for all aspects of your relationship with your customers or form respondents.

9. Payment

Where the option is given to you, you may make payment of the Subscription Fee through your App Store account.

All payments made in the course of your use of the Services are made using payment processing services provided by the App Store. Please make sure you have read and understood the App Store's payment terms in their terms of service.

10. Refund Policy

All payments of refunds of the Subscription Fee and communications with respect to any refunds should be made through the App Store.

11. GST

Unless otherwise specified in these Terms, the Subscription Fees are exclusive of GST.

12. Copyright and Intellectual Property

The Website, Services and all of the related products and content are our property and are subject to applicable laws. Nothing in these Terms transfers any rights, title or interest to you in relation to our content.

13. Copyright infringement notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@paperform.co.

14. Dealing with copyright complaints

If we receive a copyright infringement notice, we will review and investigate the claim as quickly as possible.

15. Links to Third Party Websites

The Website and/or Services may include links to third party websites. We do not control or endorse any third party websites.

16. Privacy

We take your privacy seriously and any information provided through your use of the Website or Services are subject to our Privacy Policy at https://paperform.co/privacy.

17. General Disclaimer

Use of the Website and Services is solely at your own risk. The Website and Services are provided to you "as is" and "as available" without warranty or representation of any kind.

18. Limitation of Liability

Our total aggregate liability for any and all claims arising out of or in connection with the Services or these Terms will be limited to the fees paid by you to us for the applicable Services in the twelve (12) months immediately prior to the event first giving rise to a claim.

19. Indemnity

You agree to indemnify and hold harmless Paperform from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage incurred or arising out of your use of the Services.

20. Termination

The Terms will continue to apply until terminated by either you or us. If you want to terminate, you may do so at any time by cancelling your Subscription through your App Store account.

21. Effect of Termination or cancellation

If these Terms are terminated, you will still be able to access your Account to view previous form submissions but will not have access to the full functionality of the Services.

22. Dispute Resolution

Any dispute arising out of or relating to the Terms shall be exclusively resolved by binding arbitration in San Francisco, California.

23. Applicable Laws and Jurisdiction

The Terms are governed by the laws of California, United States of America.

24. Severance

If any part of these Terms is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.

25. Contact

Please contact us at legal@paperform.co with any questions regarding these Terms.

26. California Consumer Protection Act

To the extent that the CCPA applies to the Services, Paperform and you each acknowledge that you are acting as a "business" and Paperform is acting as a "service provider" under this Agreement.

27. Data Processing Terms

To the extent that the GDPR applies to our relationship with you, the Data Processing Terms at https://paperform.co/terms-data-processing-agreement will apply.