Website Terms Of Use

1. Overview

We, Paperform provide a wide range of services, including allowing users to quickly and easily build custom forms with a range of features including taking payments, booking and scheduling functionality, custom emails, integrations, and more (collective, Service).

We provide the Service through the website located at paperform.co (Site) which is owned and operated by us. Please read these terms (Terms) carefully as they govern your access to and use of the Site.

These Terms may be amended by us at any time, and by continuing to use the Site you accept the Terms as they apply from time to time.

2. Access of Site

To access the Site, you must:

1. for:
   1. EU individuals, you must be at least 16 years old;
   2. US individuals, you must be at least 13 years old; and
   3. all other individuals, you must be at least 18 years old; and
2. possess the legal right and ability to enter into a legally binding agreement.

3. Use of Site

3.1 Personal use only

You may view the Site using a web browser or mobile device, and electronically copy and print hardcopies of parts of the Site solely for your personal, non-commercial use.

Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance of the content on the Site is strictly prohibited.

You must not modify or copy the layout of the Site or any computer software and code contained in the Services.

3.2 Must not interfere with the Site

You must not:

1. interfere with or disrupt the Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
2. create accounts with us through unauthorized means, including by using an automated device, script, bot or other similar means;
3. use the Site in a manner that is inconsistent with these Terms;
4. modify, edit, copy, reproduce, frame, create derivative works of, reverse engineer, alter, enhance, scrape or in any way exploit the Site in any manner;
5. rent, lease, loan, sell, license, publish, republish, display, post, transmit, resell for profit, or distribute the Site or any part thereof in any form by any means (in whole or in part);
6. use or access the Site in violation of export laws and regulations of the United States of America;
7. use the Site or any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
8. access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
9. attempt to probe, scan or test the vulnerability of any our system or network or breach any security or authentication measures;
10. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Materials;
11. attempt to access, copy, monitor or search the Site or Materials or download Materials through the use of any engine, software, tool, program, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
12. use any meta tags or other hidden text or metadata utilizing a trademark, logo URL or product name of ours without our express written consent;
13. use the Site or Materials, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
14. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Materials to send altered, deceptive or false source-identifying information;
15. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Materials;
16. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
17. collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
18. use the Site in any way that: (i) violates any applicable law or regulation; (ii) accesses or copies any data or information of other users; (iii) interferes with or disrupts the integrity or performance of the Site or the information contained therein; (iv) abuses, intimidates, harasses, threatens or interferes with another user’s use of the Site; (v) interferes with, disrupts or creates an undue burden on the Site or the networks or services connected to the Site or (vi) is otherwise not permitted by these Terms;
19. restrict, or attempt to restrict, another user from using or enjoying the Site; or
20. encourage or facilitate violations of the Terms.

4. Materials

We may present information and content, including articles, opinions, information and commentary on the Site (Materials).

The Materials are for your personal use only and may not, be:

1. resold or redistributed in any material form;
2. stored in any storage media; or
3. retransmitted via any media.

5. User Content

5.1 General

We do not claim ownership of any content you add or post onto the Site, including any reviews, comments, photos and other contributions you may make in response to the content of our Site (User Content). Instead, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, sublicensable and transferable licence to use, copy, display, perform, distribute and create derivative works of the User Content, whether on this Site, another Site we own or control or in any hardcopy form.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third party consents in the same manner.

User Content must be accurate, truthful and genuine, provided for information purposes. We do not have the ability to verify the accuracy or otherwise of the User Content.

5.2 Security of content

We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorized access or use by a third party or misuse, damage or destruction by any person.

However, given the nature of the internet, we do not guarantee and cannot ensure the security of User Content and we expressly exclude liability for any such loss, however caused.

We recommend you take proactive means to protect your computer system from potential hazards by installing firewalls, anti-virus software and other security applications.

5.3 Prohibited content

You must not create or generate any User Content:

1. unless you hold all necessary rights, licences and consents to do so;
2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
3. that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;
4. that would bring us into disrepute; or
5. that infringes the rights, including intellectual property rights, of any third party.

5.4 Blocking

We reserve the right to remove or block any User Content that violates our Terms.

6. Third Party Links

The Site may contain links to other websites owned and operated by third parties, which are not under our control (Third Party Links).

Third Party Links are provided as a convenience to you and the existence of such links on the Site is not an endorsement of those Third Party Links.

We are not responsible for the content or material contained on any Third Party Link.

7. Intellectual Property Rights

We or our licensors reserve all intellectual property rights in the Site and the Materials.

All content appearing on the Site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs without our prior consent is prohibited.

Nothing in our Terms constitutes a transfer of any intellectual property rights.

All the trade marks, trade names, business names, images and logos (Marks) identified and utilized on the Site belong to their respective owners and are used by us as either owner or licensee. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless otherwise authorized by the owner in writing.

If you are a copyright owner or an agent of a copyright owner and believe content on our Site infringes your copyrights, please contact us at dean@paperform.co pursuant to the Digital Millennium Copyright Act, including by providing all relevant information.

8. Privacy

We will collect, use and disclose any personal information you provide us when using the Site in accordance with our Privacy Policy.

For more information on our information collection and handling practices, please view our Privacy Policy here.

9. Disclaimer

THE SITE, MATERIALS, AND THIRD PARTY LINKS ARE PROVIDED TO YOU ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. WE GIVE NO WARRANTY, GUARANTEE OR REPRESENTATION ABOUT THE ACCURACY, RELIABILITY OR TIMELINESS OR OTHERWISE OF THE SITE, MATERIALS OR THIRD PARTY LINKS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMART PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE DO NOT ENDORSE OR SUPPORT ANY USER CONTENT AND RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.

We reserve the right to change, suspend or discontinue any aspect of the Site, including removing any Materials, User Content or Third Party Links, at any time and without notice to you.

You are responsible for considering the appropriateness of the Site for your intended application and use and we give no warranty, guarantee or representation that the Site is suitable for or meets your requirements.

You alone are responsible for your User Content.

We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user.

10. Termination and Suspension

We may suspend or terminate your use of or access to the Site at any time in our sole and absolute discretion. We reserve the right to suspend or terminate anyone for any reason. A suspension or termination may result in the permanent deletion of your information or other previously available content. In the event of a termination of these Terms, any of our rights hereunder will survive such termination, and the following clauses shall expressly survive such termination “Intellectual Property Rights”, “Disclaimer”, “Limitation of Liability”, “Indemnity”, “Assignment”, “Variation to the Terms”, “Severability”, “Jurisdiction” and “Entire Agreement”.

11. Limitation of Liability

To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Site.

To the fullest extent permitted by law, we exclude liability for special, direct, indirect or consequential damages, damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or business losses.

Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for liability that cannot be limited or excluded by applicable law.

12. Indemnity

You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, any User Content, your breach of the Terms or your breach of any rights of third parties.

We reserve the right to assume exclusive control of any matter for which you are required to indemnify us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.

13. Assignment

We may assign these Terms at any time, including, without limitation, to any parent, subsidiary, or any affiliated entity, or as part of the sale to, merger with, or other transfer of our association to another entity. You may not assign, transfer or sublicense these Terms to anyone else and any attempt to do so in violation of this section shall be null and void.

14. Contact us

If you wish to contact us or make a complaint, please contact us at +61424619055 or legal@paperform.co.

15. Variation to the Terms

We may vary, amend or otherwise modify the Terms at any time (New Terms).

We will publish the New Terms on the Site, at which time they will be effective.

Your continued use of the Site following posting of the New Terms constitutes your acceptance of the New Terms.

16. Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, and will not affect the enforceability or validity of the remaining provisions.

17. Dispute Resolution

Any dispute, controversy or claim arising out of or relating to the Terms shall be exclusively resolved by binding arbitration, rather than in court as set out in this clause 17.

The arbitration will be held in San Francisco, California in English, pursuant to the then current JAMS Rules of Arbitration.

The parties agree that any dispute resolution proceeding will be conducted only on an individual basis and not in class consolidation or representative actions. The parties also agree that either party may bring suit in court to enjoin infringement or other misuse of any intellectual property rights.

All communications concerning negotiations made by the parties arising out of and in connection with this clause 17 are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

18. Governing Law

The Terms are governed by the laws in force in California, United States.

19. Entire Agreement

Except to the extent you have executed the General Terms & Conditions with us as a customer, these Terms (including the Privacy Policy) constitute the entire agreement between you and us with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written. You will fully comply with any third party terms which may apply in connection with your use of the Site. You agree that no joint venture, partnership, agency or employment relationship is created between us in connection with these Terms.

Last update of these Terms of Use: 12 May 2021