Updated January 2, 2018
These Terms of Service are an agreement between you and EZFORMS Inc., a
Texas Corporation. EZFORMS offers certain services for mobile data collection,
storage and analysis (the "Service"). By using EZFORMS.com (the “SaaS Portal")
and/or any services accessible from it, you agree to be bound by the following
terms and conditions ("Terms of Service”).
1. YOU OWN YOUR DATA
You own all rights, title and interest in and to all of your data. You shall have sole
responsibility for the legality, reliability, accuracy, integrity and quality of your
1.2 Handling of Your Data In The Event Of Termination.
You agree that following termination of your account and/or your cancellation of
your subscription to the Service, EZFORMS may immediately deactivate your
account and that, following a reasonable period of not less than 90 days, shall be
entitled to delete your account, including your Data. During this 90 day period and
upon your request, EZFORMS will grant you limited access to the Service for the
sole purpose of permitting you to retrieve your data, provided that you have paid in
full all good faith undisputed amounts owed to EZFORMS. You further agree that
EZFORMS shall not be liable to you nor to any third party for any termination of
your access to the Service or deletion of your Data, provided that EZFORMS is in
compliance with the terms of this Paragraph 1.2.
1.3 Reasonable Data Storage.
EZFORMS intends to provide subscribers the ability to store data collected
through the Service on EZFORMS servers. If EZFORMS determines, in its sole
discretion, that you are storing an unreasonably large amount of data (for example,
an unreasonable amount of video recordings), EZFORMS may impose additional
charges or take other steps to mitigate this burden. EZFORMS will provide notice
to you before doing so.
2. YOUR RESPONSIBILITIES WHEN YOU USE
You are solely responsible for all Content created using the Service. To the extent
EZFORMS assists you with the creation of data collection forms, you are solely
responsible for verifying and testing those forms to ensure they have been created
consistent with your specifications. Content means: (1) the creation of all your data
collection forms (including field selection, field names, field placement and optionselection
within each field); and, (2) all data submitted from mobile devices using
EZFORMS data collection forms.
2.2 Lawful Purposes.
You agree that you will use the Service only for lawful purposes. You will comply
with all applicable laws and regulations when using the Service including, without
limitation, compliance with applicable privacy laws. You represent that you are not
collecting any data that subjects EZFORMS or you to heightened data storage or
protection standards (for example, the Health Insurance Portability and
Accountability Act) and you will inform EZFORMS if you collect data subject to
2.3 Responsibility for App Users.
You are solely responsible for the following with respect to App Users (App Users
are defined as all persons or entities that use the Mobile App to collect data under
your subscription or account):
a. Ensuring App Users download the Mobile App to their Mobile Devices;
b. Ensuring that, after App Users receive notification on their Mobile Devices of
the availability of Mobile App updates, App Users download those updates;
c. All content created by App Users; and,
d. Ensuring App Users comply with Paragraph 2.2.
2.4 PCI Compliance.
If you use the EZFORMS Services to accept payment card transactions, you must
comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the
extent it is applicable to your business (the “PCI Standards”). EZFORMS provides
tools to simplify your compliance with the PCI Standards, but you must ensure that
your business is compliant and the specific steps you will need to take to comply
with the PCI Standards will depend on your implementation of the EZFORMS
Services. EZFORMS is responsible for the security of Cardholder Data that is
collected, transmitted, stored, or processed by us on your behalf. “Cardholder
Data” is defined as a cardholder’s primary account number, and where a full
unmasked card number is present, any of the cardholder name, expiration date,
and/or service code. EZFORMS has developed strict security features to protect
Cardholder Data, and as such it is required that this data only be used in anticipated
ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE
THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING
CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE
EZFORMS SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY
FOR THAT PURPOSE (i.e. where EZFORMS explicitly enables such data to be
entered into such fields). Appropriate fields are clearly marked with labels such as
‘Card number’ or by having a credit card icon precede them. Similarly, excluding
payment forms, you must never collect or enter any “Sensitive Authentication
Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields
in the EZFORMS Services. You assume all responsibility for any Cardholder Data
entered into the EZFORMS Services in violation of these terms.
3. ABOUT THE LICENSE WE GRANT YOU TO
3.1 Limited License.
EZFORMS grants you a revocable, non-exclusive, non sub-licensable, nonassignable,
non-transferable, non resell-able license to access and use the
EZFORMS Site, solely with supported browsers through the Internet for your own
internal purposes, subject to the Terms of Service. You may not permit the
EZFORMS Site to be used by or for the benefit of unauthorized third parties.
Nothing in the Terms of Service shall be construed to grant you any right to
transfer or assign rights to access or use the EZFORMS Site. All rights not
expressly granted to you are reserved by EZFORMS and its licensors. You shall
not (i) modify or make derivative works based upon the EZFORMS Site; (ii)
reverse engineer or access the EZFORMS Site in order to (a) build a competitive
product or service, (b) build a product using similar features, functions or graphics
of the EZFORMS Site, or (c) copy any features, functions or graphics of the
EZFORMS Site. You further acknowledge and agree that, as between the parties,
EZFORMS owns all right, title, and interest in and to the EZFORMS Site,
including all intellectual property rights therein.
4. Term & Renewal
Services are provided on a subscription basis for a set Term as specified in your
Order. Except as otherwise specified in your Order, all subscriptions will
automatically renew for periods equal to your initial Term (and you will be charged
at the then-current rates) unless you cancel your subscription in writing or through
your account at the Site. If you cancel, your subscription will terminate at the end
of then-current billing cycle, but you will not be entitled to any credits or refunds
for amounts accrued or paid prior to such termination.
If EZFORMS does not want the Services to renew, then it will provide you written
notice to this effect. This notice of non renewal will be effective upon the
conclusion of the then current Term.
5. Billing & Payment
5.1 Fees for the Service.
You agree to pay all Fees in accordance with your Order. Unless otherwise
specified in your Order, you will pay all amounts at the time you place your Order.
All amounts are non-refundable, non-cancellable and non-creditable. In making
payments, you acknowledge that you are not relying on future availability of the
Service beyond the current agreed Term or any Service upgrades or feature
enhancements. If you add End Users during your Term, we will charge you for the
increased number of End Users pursuant to the then-currently applicable rates in
your next billing cycle. You agree that we may bill your credit card for renewals,
additional End Users, and unpaid fees, as applicable.
You must elect one of the following billing options when registering and placing an
order for the Service:
• Monthly Plan. If you select this option, you will pay for the Services on a
monthly basis. We will bill you: (i) Fees based upon the number of End User
Accounts you are using. We will provide you with the monthly rate for the
Services when you order the Service, and will use this rate to calculate the
Fees, for your monthly charges.
• Annual Plan. - . If you select this option, you will pay for the Services on an
annual basis. We will bill you: (i) Fees based upon the number of End User
Accounts you are using. We will provide you with the annual rate for the
Services when you order the Service, and will use this rate to calculate the
Fees, for your annual charges.
5.2 Payment Method.
Fees for Orders where you are paying with a credit card, debit card or other noninvoice
form of payment are due the month prior to which you received the
Services. For credit cards, or debit cards, as applicable: (i) we will charge you for
all applicable Fees when due and (ii) these Fees are considered overdue after the
end of the month during which you received the Services.
5.3 Credit Card Details.
If you have elected to pay the fees for the EZFORMS Subscription by credit card,
you warrant that the credit card information you provide is correct and you shall
promptly notify EZFORMS of any changes to such credit card information. You
agree that if your credit card payment cannot be processed for any reason,
EZFORMS may suspend or cancel your EZFORMS Subscription.
5.4 Delinquent Payment and Termination of Service.
EZFORMS may suspend or terminate any or all services provided for accounts that
are delinquent by sixty (60) calendar days or more from the date payment is due
for the Services. EZFORMS will provide written notice of delinquent payments
after fifteen (15) and thirty (30) days, and will provide written notice of intent to
suspend or terminate services (15) days before doing so. You acknowledge that
suspension or termination of service will directly affect your access to EZFORMS
Services. EZFORMS's handling of your Data upon termination is described in
Downgrading your EZFORMS account plan may cause the loss of content,
features, or capacity of your account. To the extent permitted by applicable law,
EZFORMS does not accept any liability for such losses.
Previous charges won’t be refunded unless legally required.
Unless otherwise stated, you are responsible for any taxes (other than EZFORMS
income tax) or duties associated with the sale of the Services, including any related
penalties or interest (collectively, “Taxes”). You will pay EZFORMS for the
Services without any reduction for Taxes. If EZFORMS is obliged to collect or pay
Taxes, the Taxes will be invoiced to you, unless you provide EZFORMS with a
valid tax exemption certificate authorized by the appropriate taxing authority or
other documentation providing evidence that no tax should be charged. EZFORMS
will not charge you VAT if you provide us with a VAT number issued by a taxing
authority in the European Union. If you are required by law to withhold any Taxes
from your payments to EZFORMS, you must provide EZFORMS with an official
tax receipt or other appropriate documentation to support such payments.
6. WHEN YOU USE THE EZFORMS MOBILE APP
(SOME GOOD THINGS TO KNOW)
EZFORMS offers some of its Services through native mobile device applications
that enable you to collect data (the "Mobile App"). You understand that not all
smartphones and tablets - and not all device operating systems versions - are
supported. Please contact EZFORMS for more details.
6.2 App Users.
By using the Mobile App, you understand and agree that certain information about
the App Users (defined in Paragraph 2.3), including, but not limited to, the App
Users' device, mobile carrier, internet access provider and physical location may be
communicated to EZFORMS. You also acknowledge that App Users may incur
data charges by transmitting data from their mobile devices, depending on App
Users' wireless data/Internet usage plans. EZFORMS is not responsible for any
such charges. You are responsible for removing an App User's access to the
Services when that App User no longer is entitled to use the Service (for example,
when an employee leaves your employment). EZFORMS will provide online tools
to enable removal/replacement/addition of users.
EZFORMS grants you, and your App Users, a limited, nonexclusive,
nontransferable, revocable license to use the Mobile App, solely to access the
Service. The terms of this license are contained in the end user license agreement
associated with the Mobile App provided at the time of download or installation.
The license to use the Mobile App is automatically revoked when your account is
terminated or deactivated, or if you otherwise cancel use of the Service. You shall
not (and shall not allow its personnel or any third party to): (1) modify or create
derivative works of any aspect of the Mobile App without the express written
consent of EZFORMS; (2) reverse engineer, decompile, decrypt or attempt to
discover any source code or underlying ideas or algorithms of the Mobile App
(except to the extent that applicable law prohibits reverse engineering restrictions,
in which case advance notice to EZFORMS of such action shall be given); or, (3)
otherwise use or allow the use of the Mobile App for the benefit of any third party
(including by way of multiplexing or pooling) other than as permitted by
EZFORMS in writing. You shall be solely responsible for the compliance of each
of your employees, contractors, agents and all other App Users with these terms
and all applicable laws.
7. HOW WE PROTECT OUR INTELLECTUAL
PROPERTY AND YOURS
All right, title, and interest, including all intellectual property rights in the Services
and any associated software of EZFORMS or its licensors, and any updates,
upgrades or modifications thereof, or in any ideas, know-how, and programs
developed during the course of performance of this Agreement will remain the
property of EZFORMS or its licensors.
7.2 Trademarks and Logos.
If you become a paying EZFORMS subscriber, EZFORMS may use your logos for
EZFORMS's marketing purposes. You may revoke this authorization at any time.
8. TERMINATION (WHAT HAPPENS IF WE NO
LONGER LOVE EACH OTHER)
Either EZFORMS or you may cancel your subscription at any time. If you cancel
your subscription, your access to this Service will continue until the end of the
month (or other period) for which you have already paid. If EZFORMS notifies
you of its intent to cancel your subscription (other than for violation of these Terms
of Service or for delinquent payment), your access to this Service will continue
until the end of the month (or other period) for which you have already paid. If you
have violated any of the Terms of Service, EZFORMS may cancel your access
immediately. Delinquent payments are discussed in Paragraph 4.3.
8.2 Handling of Your Data In the Event of Termination.
In all termination situations (other than violation of the Terms of Service), for a
limited time you may continue to have access to your data for the purposes of
migrating it from the Service, as discussed in Paragraph 1.2. If you violate these
Terms of Service, we may, at our sole discretion, arrange alternative means to
provide you with your data.
9. DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY (STUFF OUR
LAWYER MADE US SAY)
9.1 Disclaimer of Warranties.
In addition to the limitations of EZFORMS's liability expressly contained in this
Agreement, you assume all the responsibility and risk for your use of the
EZFORMS Site and Service and the results and performance thereof, and your use
of any data collection forms created or developed (in whole or in part) by parties
other than EZFORMS. THE EZFORMS SITE AND SERVICE ARE PROVIDED
TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT
WARRANTY OF ANY KIND. EZFORMS DISCLAIMS ALL WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT,
AND ANY WARRANTIES AND CONDITIONS ARISING
OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
EZFORMS OR ELSEWHERE WILL CREATE ANY WARRANTY OR
CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. EZFORMS
DOES NOT REPRESENT OR WARRANT THAT: (I) THE EZFORMS SITE OR
SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE
OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF
THE EZFORMS SERVICE WILL BE UNINTERRUPTED; OR (III) THE
ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE
EZFORMS SITE OR SERVICE AND ANY DATA ACCESSED THEREFROM.
INFORMATION PROVIDED THROUGH THE EZFORMS SITE OR SERVICE
MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR
OMISSIONS. THE EZFORMS GROUP (DEFINED BELOW) AND EZFORMS'S
THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT
THERETO. EZFORMS MAY CHANGE OR DISCONTINUE ANY ASPECT OR
FEATURE OF THE EZFORMS SITE OR SERVICE OR THE USE OF ALL OR
ANY FEATURES OR TECHNOLOGY IN THE EZFORMS SITE OR SERVICE
AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
9.2 Limitation of Liability.
IN NO EVENT WILL EZFORMS, ITS AFFILIATED ENTITIES OR ANY OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR
AUTHORIZED AGENTS AND EZFORMS'S THIRD PARTY LICENSORS BE
LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS
OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER
DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY
TO USE THE EZFORMS SITE OR SERVICE UNDER ANY THEORY OF
LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT
(INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND
NEGLIGENCE), AND WHETHER OR NOT THE EZFORMS GROUP OR ITS
THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL
EZFORMS'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF
OR RELATED TO THIS AGREEMENT OR THE SERVICE, TO THE FULLEST
EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT
PAID, IF ANY, BY YOU FOR THE EZFORMS SERVICE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
10. INDEMNITY (WHAT HAPPENS IF YOU DO
SOMETHING BAD THAT HURTS MORE THAN
To the maximum extent permitted by law, You agree to defend, indemnify and hold
the EZFORMS Group harmless from and against any and all claims, suites, losses,
liability, costs or expenses (including but not limited to reasonable attorneys fees)
arising from or incurred as a result of your use of the EZFORMS Site or Service,
or your violation of these Terms of Service.
11. ARBITRATION (WHAT TO DO IF YOU
REALLY REALLY DON'T LIKE US)
11.1 Arbitration Requirement.
YOU AND EZFORMS AGREE THAT ANY DISPUTE, CLAIM OR
CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE
TERMS OR EZFORMS'S SITE OR SERVICE, SHALL BE DETERMINED BY
BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL
JURISDICTION. Arbitration is more informal than a lawsuit in court. Arbitration
uses a neutral arbitrator instead of a judge or jury, allows for more limited
discovery than in court, and is subject to very limited review by courts. Arbitrators
can award the same damages and relief that a court can award. YOU AGREE
THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EZFORMS ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN
A CLASS ACTION. This arbitration provision shall survive termination of this
The arbitration will be governed by the Commercial Arbitration Rules and, if
appropriate, the Supplementary Procedures for Consumer Related Disputes
(collectively, "AAA Rules") of the American Arbitration Association ("AAA").
YOU AND EZFORMS AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and EZFORMS
agree otherwise, the arbitrator may not consolidate more than one person's claims
with your claims, and may not otherwise preside over any form of a representative
or class proceeding. If this specific provision is found to be unenforceable, then the
entirety of this arbitration provision shall be null and void. The arbitrator shall
decide any issues relating to the enforceability and/or applicability of the
arbitration provisions of this Agreement to the dispute. The arbitrator may award
declaratory or injunctive relief only in favor of the individual party seeking relief
and only to the extent necessary to provide relief warranted by that party's
11.2 Choice of Law and Venue.
These Terms of Service shall be governed by and interpreted under the laws of the
State of Texas, without regard to its conflicts of laws provisions. You agree that any
legal proceedings must be brought and resolved in Dallas, Texas.
12. OTHER STUFF OUR LAWYER MADE US SAY
(AND WANTED TO CALL “MISCELLANEOUS")
EZFORMS reserves the right, at our sole discretion, to change, modify, add or
posting the amended terms on or within the Service. You may also be given
additional notice, such as an e-mail message or messaging within the Service, of
any changes. You will be deemed to have accepted such changes by continuing to
use the Service. Except as otherwise stated, all amended terms shall automatically
be effective 30 days after they are initially posted. EZFORMS may also revise or
post other policies, codes or rules at any time, and the new versions or in the
any dispute of which EZFORMS had actual notice before the date of the
12.2 Force Majeure.
Neither party will be liable for, or be considered to be in breach of or default under
this Agreement on account of, any delay or failure to perform as required by this
Agreement as a result of any cause or condition beyond such party's reasonable
control (including, but not limited to: fire, explosion, earthquake, storm, flood,
wind, drought and act of God or the elements; court order; act, delay or failure to
act by civil, military or other governmental authority; strike, lockout, labor dispute,
riot, insurrection, sabotage, acts of terrorism, declared or undeclared war;
unavailability of required parts, materials or other items; and act, delay or failure to
act by the other party or any third party); provided that such party uses its best
efforts to promptly overcome or mitigate the delay or failure to perform. This
Section will not apply to any monetary obligation of either party
The section and sub-section titles in these Terms of Service are provided solely for
convenience and have no legal or contractual significance.
The failure of either party to enforce any rights granted hereunder or to take action
against the other party in the event of any breach hereunder shall not be deemed a
waiver by that party as to subsequent enforcement of rights or subsequent actions
in the event of future breaches.
If for any reason a tribunal of competent jurisdiction finds any provision of these
Terms of Service or portion thereof, to be unenforceable, that provision of these
Terms of Service shall be enforced to the fullest extent permissible, and the
remainder of these Terms of Service shall continue in full force and effect.
You may not assign your rights under these Terms of Service to any party without
EZFORMS's consent, and any such assignment is void.
Nothing in these Terms of Service will be construed as creating a joint venture,
partnership, employment or agency relationship between you and EZFORMS, and
you do not have any authority to create any obligation or make any representation
on EZFORMS's behalf.
12.8 EZFORMS Services.
12.8.1Submit your forms.
EZFORMS may at times via their website, or through a special promotion offer to
convert content (paper forms, PDF’s, excel spreadsheets, etc) into EZFORMS
Applications Free of Charge. These offers are valid, unless agreed to in a special
offer or in writing, for 30 days from signing up for your first account. EZFORMS
may at its own discretion determine if content shared for this purpose can be
effectively converted to a EZFORMS Application and may reject for any reason
content for this purpose. Reasons for rejection are completely within the purview
of EZFORMS and may include a violation of another’s Intellectual Property,
complexity of application, length of form etc. EZFORMS will inform subscribers
if their content has been rejected for conversion to a EZFORMS Application and
we may allow a replacement to be substituted. EZFORMS may at any time cancel
this service without compensation of any type, unless agreed to in writing. Beyond
what is outlined in any offer, EZFORMS may choose to charge or offer to charge
to convert content to applications beyond the offered amount.
12.9 Entire Agreement.
These Terms of Service and all the policies referenced herein constitute the entire
agreement between EZFORMS and you concerning the subject matter hereof, and
it may only be modified by written agreement by a EZFORMS official with
authority to legally bind EZFORMS.