FormDNA

Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of our services provided by FormDNA (the “Service”), and any information, text, graphics, or other data, uploaded, downloaded or using the Service (collectively referred to as “Data” or "Content").

Your access to and use of the Service requires an account associated with Google Account ("Account") is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.

This agreement is in effect as of February 5, 2017.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this Service after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Prohibited Uses

You may use our Service only for lawful purposes. You may not use our Service in any manner that:

  1. breaches any applicable local, national or international law or regulation;
  2. in any way, is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. harms or attempts to harm minors in any way;
  4. will reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of FormDNA;
  5. or will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any FormDNA customer, employee, member, or officer;

and any of the foregoing will result in immediate account termination.

You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. Nor will you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that you will not disrupt the functioning of the site, in any manner.

Privacy

Your privacy is important to us. Your use of the Service is subject to FormDNA's Privacy Policy, which explains how FormDNA collects and uses your personal information.

Data Retention

FormDNA will store your Data (like forms definition, participants, personal information, etc.) in the primary database server as long as your account is current and active.

If you remove your Data (by deleting a form, deleting a participant, etc.) the system will remove your data permanently from the primary database server immediately.

FormDNA is not responsible for any loss or damage to draft Data you store in your computing device and saved Data (like forms definition, participants, etc.) in our primary database server incurred as a result of any improper usage of our Service. And will not accommodate requests for restoring data from our backup systems unless there is data loss due to a system or hardware failure on our part. No Exceptions.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Service and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Data Ownership

  • You are as a user of FormDNA's Service have responsibility for ensuring that you have the necessary rights or permission for your Content.
  • You retain ownership of your Content. We claim no intellectual property rights over the material you provide to the Service. Your profile, data and other materials uploaded remain yours.
  • FormDNA does not pre-screen or monitor Content, but FormDNA and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

Modifications to the Services and Prices

  • FormDNA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • FormDNA may change the prices for the Service, including but not limited to monthly or annual subscription plan fees to the Service.
  • FormDNA shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Refund Policy

FormDNA has no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any Paid Service.

Warranty Disclaimer

This Service and all elements thereof are provided on an "as is" basis without warranty of any kind, express or implied. FormDNA makes no warranties or representations as to the accuracy of the content contained on the Service. FormDNA does not warrant that the Service will operate or perform in a manner that is uninterrupted or error-free, or that the primary database server or host server will be maintained free of viruses or other harmful code or unexpected errors. FormDNA makes no warranties that the information presented on the Service is current, up-to-date or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

Limitation of Liability

You understand and agree that FormDNA 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 FormDNA has been advised of the possibility of such damages), resulting from:

  1. the use or the inability to use the Service;
  2. 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;
  3. unauthorized access to or alteration of your transmissions or data;
  4. statements or conduct of any third party on the Service;
  5. or any other matter relating to the Service.

Contact Information

If you have any questions, comments or concerns about this Terms, please e-mail us at CustomerService@FormDNA.com.