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AidaForm Terms of Service

Effective: October 17, 2023

Please read this Agreement carefully to ensure you understand each provision.

By using the www.aidaform.com websites (“Service”), developed and provided by Komorebi GmbH, a company located in Germany, entered in the Commercial Register B of the Local Court of Bonn, registration number HRB 28210 (“AidaForm”, “we”), you agree to be bound by the following terms and conditions (“Terms of Service”).

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES, AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

When we make essential changes to these Terms of Service, we will notify you by email or by publishing a notice on the websites before the changes are effective. Any new features that we introduce to enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. If you continue to use our Service after any such changes become effective, it will imply your consent to such changes.

Violation of any of the terms below will result in the suspension and termination of your Account.

You understand and agree that the Service is provided on an “as is” and “as available” basis without warranty of any kind.

We do not warrant that the operation of our services will be uninterrupted or error-free. AidaForm will undertake all possible measures to provide technically advanced services, but gives no warranty or representation that the Service will be completely free from defects, errors, and bugs.

You acknowledge that AidaForm does not warrant or represent that the Service will be compatible with any other software or systems other than explicitly stated on AidaForm website and in its documentation. You acknowledge that AidaForm does not warrant that the Service will meet your specific requirements, that the results that may be obtained from the use of the Service will meet your expectations, or all errors in the Service will be corrected.

Creation and Use of an AidaForm Service Account.

  1. You must be 16 years or older to use this Service. By using the Service, you warrant to us that you are at least 16 years of age.

  2. You must be a real person. Accounts registered by “bots” or other automated methods are not permitted and will be deleted.

  3. You must provide a valid email address, as well as any other information required to complete the registration process for an AidaForm account.

  4. By submitting your email address to AidaForm, you agree to receive service and marketing emails, announcements, newsletters, and sales notifications from AidaForm. You can opt-out of these emails (except for service emails) by clicking the “Unsubscribe” link at the bottom of any email.

  5. AidaForm offers a free plan (Free Account) which allows only the use of the features allocated to the free account and within the limits set up for the free accounts. The information about the free features and account limits can be found on the webpage https://aidaform.com/pricing.html.

  6. AidaForm may also offer one or more paid plans that have their own list of available features and limits. All the information about the features and limits for different plans can be found on the webpage https://aidaform.com/pricing.html.

  7. Right after your account has reached the limits allocated to your plan and in case you have not upgraded your plan to change the limits, your forms will be suspended. A suspension means that you will have full access to the responses which you’ve collected before, but your published webforms will not process any new responses. To help you avoid unexpected suspension we will send you service emails when you are about to reach a limit for your account plan. If you have any further questions, please contact us at support@aidaform.com.

  8. You are responsible for maintaining the security of your account and password. AidaForm cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  9. You are responsible for all published content and any activity that occurs in your account including the content and activities of the people who have access to your account.

  10. The content you upload to AidaForm must not infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right.

  11. You must not use the Service in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity. If we detect suspicious activity from your account, your account may be suspended and terminated.

  12. You may not use the Service for any illegal or unauthorized purpose. When using the Service, you must not violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

  13. You must not use the Service in any way that causes, may cause, damage to the Service or make the Service temporarily inaccessible or unavailable. If we detect such inappropriate use, your account may be suspended and terminated.

  14. You agree that we may terminate your AidaForm account immediately if a form created or AidaForm Service is found to be used inside an unsolicited email.

Payments, Refunds, Upgrading, and Downgrading Plans

  1. All accounts with paid plans must submit valid credit card information. All AidaForm paid plans are monthly or yearly subscriptions. You agree that if your credit card payment cannot be processed for any reason, your subscription will be canceled and your AidaForm forms suspended. Monthly paid plans of the Service are billed in advance on a monthly basis. You will have full access to subscription management: you’ll be able to prolong the subscription manually, automatically, or to cancel it at any time you decide.

  2. 14-Day Money Back Policy. If you purchased an AidaForm subscription for the first time, you can try using the service and then request a full refund within 14 days. To get your refund, email the AidaForm Support Team at support@aidaform.com. Money-back guarantee does not apply to subscription renewals and purchased extensions like Auto-Replies, Additional Custom Domains, Additional Storage Space etc.

  3. We consider all requests for partial refunds of the yearly subscriptions individually. Please, contact us at support@aidaform.com.

  4. All prices at the AidaForm website are given exclusive of all taxes, levies, or duties imposed by taxing authorities. AidaForm uses the 2Checkout payment processing service to collect and manage payments and bills. You will see the final price for the selected plan before you buy your subscription.

  5. In case your paid account has run out of the allocated amount of storage space or reached other limitations bound on the chosen plan before the end of the billing period, your account will lose the ability to receive uploaded files or to use features limits for which are exceeded till the beginning of the next billing period or till you resolve issues by other means described in your AidaForm user account.

  6. When you choose to upgrade or downgrade your subscription, the credit card that you registered at 2Checkout will be charged when you buy the new subscription and a new billing period will begin.

  7. Downgrading your Service subscription plan may lead to a loss of features or capacity of your account. To the extent permitted by applicable law, AidaForm does not accept any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data. Please, consider all aspects carefully when downgrading your plan.

  8. If you cancel the subscription to the Service before the end of your current billing period, you will not be charged again and your account will have access to the features of the canceled subscription till the last day of the paid billing period. After that, your account will become a Free Account with all the restrictions allocated to that type of account.

Cancellation and Termination

  1. To cancel your account, please use the My Account section of the AidaForm Service or send an email to support@aidaform.com. You are solely responsible for backup and/or migration of any data hosted on your account before initiating a cancellation request. All of your content will be immediately deleted from the Service upon account cancellation. This information cannot be recovered once your account is canceled.

  2. AidaForm has the right to suspend or terminate your account at its own discretion and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account.

Service and Price Modifications

  1. AidaForm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof).

  2. Prices for all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time via service emails, at the AidaForm website or in the Service itself.

Copyright and Content Ownership

  1. Your profile and all content uploaded to your account remain yours. AidaForm claims no rights to the content.

  2. AidaForm has the right but not the obligation to pre-screen content uploaded to your account. AidaForm has the right but not the obligation in its sole discretion to refuse or remove any content that is made available via the Service.

  3. AidaForm stores responses for created and hosted forms during the maximum period of 2 calendar years starting from the date of receipt. At the end of the period responses will be automatically deleted. You are solely responsible for timely downloading and further storing and safekeeping all the data connected with the responses.

  4. You shall defend AidaForm against any claim, demand, suit or proceeding made or brought against AidaForm by a third party alleging that your content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates any applicable law, and shall indemnify AidaForm for any damages finally awarded against, and for attorney’s fees incurred by AidaForm in connection with any such claim, demand, suit or proceeding; provided, that AidaForm (a) promptly gives you a written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases AidaForm of all liability); and provides to you all reasonable assistance, at your expense.

Scams. Phishing. Collecting Sensitive Information.

Scams. You agree that you will not use the AidaForm Service or any form(s) you create using the AidaForm Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting an AidaForm online form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended without the right to any refunds.

Phishing. You agree that AidaForm may terminate your account immediately if a form’s purpose is found to be deceptively obtaining, for example, 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 without the right to any refunds.

Collecting Sensitive Information. You may not use the AidaForm 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.

Third Party Content and Sponsored Content

AidaForm Service may offer to its users third party or sponsored content. The Third Party Content and the Sponsored Content are protected by intellectual property rights, as appropriate, and belong to their owners. Although the Service can locate and provide access to that Content, its download and use are subject to the conditions set by the relevant third party. AidaForm.com is not the owner and cannot grant any license or authorization in relation to the Third Party Content or Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Third Party Content or any Sponsored Content. If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to AidaForm.com at support@aidaform.com.

General Conditions

  1. Customer support for AidaForm services is only available in English by means of email communication.

  2. You understand and agree that AidaForm uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the AidaForm Service.

  4. You cannot resell AidaForm Service or any its part without the express written permission from AidaForm.

  5. We may, but have no obligation to, remove Content and Accounts containing content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or to violate any party’s intellectual property or these Terms of Service.

  6. You understand and expressly agree that AidaForm 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 AidaForm has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.

  7. The failure of AidaForm to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and AidaForm and govern your use of the Service, you agree that these Terms of Service and your use of the Service are governed under the laws of Germany.

  8. You must not directly or indirectly attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; take any action that imposes, or may impose at AidaForm’s discretion, an unreasonable or disproportionately large load on AidaForm’s infrastructure; knowingly upload invalid data, viruses, worms, or other harmful software through the Service; modify or create any derivative work based on the Service; reverse engineer, disassemble or decompile all or any portion of, or attempt to discover or recreate the source code for, any software that is part of the Service or Technology.

  9. Please, send all questions regarding the Terms of Service to support@aidaform.com.

  10. By using AidaForm Services, you accept these Terms of Use and agree to our Privacy Policy .