1.1 This terms of service policy (the "Policy") sets out the rules governing:
(a) the use of Metaforms Manager, Metaforms Navigator, the "Services"); and
(b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services ("Content").
(c) this is a legal agreement.
1.2 MetaForms (or the "Service") is an online form building service.
1.3 MetaForms allows you to build and publish online forms (your "Forms"), and manage form submissions (your "Entry" or "Entries").
1.4 MetaForms is owned and operated by BGO Software OOD, ("MetaForms," "we," or "us" should be construed accordingly).
1.5 MetaForms has employees ("our Team").
1.6 By using the Services, you agree to the rules set out in this Policy.
1.7 We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services.
1.8 You are at least 18 years of age or the applicable age of majority in your geographic area; and you possess the legal right and ability to enter into this Agreement and open an Account on your behalf or the organization you represent.
2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
2.2 You must not use the Services:
(a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
(b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
2.3 You must ensure that all Content complies with the provisions of this Policy.
3.1 Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3.2 Content, and the use of Content by us in any manner licensed or otherwise authorized by you, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) constitute a breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) constitute a breach of official secrets legislation; or
(k) constitute a breach of any contractual obligation owed to any person.
3.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
4.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.
4.2 Content must not depict violence in an explicit, graphic or gratuitous manner.
4.3 Content must not be pornographic or sexually explicit.
5.1 Content must not be untrue, false, inaccurate or misleading.
5.2 Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
6.1 Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
7.1 Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet.
7.2 Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
7.3 Content must not be liable to cause annoyance, inconvenience or needless anxiety.
7.4 You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
7.5 You must not use the Services for the purpose of deliberately upsetting or offending others.
7.6 You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.
7.7 You must ensure that Content does not duplicate other content available through the Services.
7.8 You must ensure that Content is appropriately categorized.
7.9 You should use appropriate and informative titles for all Content.
7.10 You must at all times be courteous and polite to other users of the Services.
8.1 You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.
8.2 You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.
8.3 You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.
9.1 You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
9.2 You must not use the Services for any purpose relating to[the offering for sale, sale or distribution of knives, guns or other weapons.
11.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
12.1 You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
13.1 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
13.2 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.
14.1 If we need to change these terms, we'll let you know, since they will immediately apply to your use of MetaForms.
14.2 We may change any of the Terms by posting revised Terms of Service on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of MetaForms. We may change the Website, the Service, or any features of the Service at any time.
15.1 You are responsible for your username and password—do not share or lose them!
15.2 You're responsible for keeping your account username and password confidential. You're also responsible for any account that you have access to, whether or not you authorized the use. You'll immediately notify us of any unauthorized use of your accounts. We're not responsible for any losses due to stolen or hacked passwords.
15.3 We don't have access to your current password, and for security reasons, we cannot change your password. You can change your password at any time under account settings. If you have forgotten your password, you can use the "forgot password" option on the login page to reset your password. If you have forgotten the email address you used to sign up, we will do our best to help, but cannot change the email address of an account or otherwise change access to an account or organization data.
16.1 You are responsible for maintaining ownership of your account—we'd rather not get caught up in office politics.
16.2 We don't know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an organization account based on the Users assigned the role of Owner for the organization.
17.1 You will respect our proprietary rights in the Website and the software used to provide MetaForms. Proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights.
17.2 You may not:
(a) Market, distribute, sublicense, publicly display, sell, assign, pledge, lease, rent, or otherwise make available to any third party the Website or Services, except as specifically allowed through a referral, affiliate, reseller or white label agreement approved by MetaForms;
(b) Reverse compile, reverse engineer, reverse assemble, or otherwise attempt, directly or indirectly, to obtain or create source code for the Website or Services for any reason;
(c) Modify or create derivative works of the Website or Services;
(d) Interfere with or disrupt the integrity or performance of the Website or Services;
(e) Attempt to gain unauthorized access to the Website or Services or their related systems or networks; or
(f) Remove any copyright, trademark, or other notices or legends from the Website or Services.
18.1 Subject to the terms of this Agreement, we grant to you a non-exclusive, revocable, non-transferable, limited license, without right of sublicense, to access and use the Website and Services solely with supported browsers through the internet for your own purposes.
18.2 You represent and warrant (legally promise) that you either own or have permission to use all of the Content uploaded to the Website, including your Forms and Entries. You are responsible for this information, and for activity that occurs under your Account.
18.3We claim no intellectual property rights over the Content you provide to the Website. Your profile, Forms, Entries and materials uploaded remain yours. However, when you share form templates, share entries, or otherwise provide access to this Content by others through your use of the Website, you agree to allow others to view and share any Content you add.
19.1 Our servers and data are securely stored in geo-redundant datacenters.
19.2 We meet the privacy adequacy provisions of the GDPR:
If you have a privacy or data use concern related to MetaForms, please first email us so we can promptly address the issue.
If you're collecting personal information about anyone in the European Economic Area (EEA), you must be compliant with the General Data Protection Regulations.
20.1 You cannot assign your rights in this agreement to anyone else.
20.2 You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
21.1 We'll do our best to keep MetaForms running 24/7, but some outage events are beyond our control.
21.2 We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.