These Terms & Conditions (“Agreement”) are entered into by and between Fig Technologies LLC, a Doing Business As (DBA) Formberry (“Formberry,” “we,” “us,” or “our”), and you (“User,” “you,” or “your”). This Agreement sets forth the terms and conditions governing your use of the Formberry form building Software as a Service (SaaS) application (“Service”). By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use the Service.

1. Access to the Service

1.1 Account Creation: In order to use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2. Use of the Service

2.1 Permitted Use: You may use the Service solely for lawful purposes and in accordance with this Agreement. You agree not to use the Service for any illegal, fraudulent, or unauthorized activities.

2.2 Prohibited Activities: You agree not to:

• Use the Service to distribute, upload, transmit, or promote any illegal, harmful, or offensive content.
• Attempt to gain unauthorized access to the Service or its related systems.
• Interfere with the security or functionality of the Service.
• Engage in any form of spamming, phishing, or other malicious activities.

3. Fees and Payments

3.1 Subscription Fees: The use of certain features of the Service may require payment of subscription fees. Subscription fees are outlined on the Formitty website and are subject to change.

3.2 Payment: Payment for subscription fees will be processed through a secure payment gateway. You agree to provide accurate billing and payment information. Failure to make payment may result in the suspension or termination of your account.

3.3 Refunds: Subscription fees are non-refundable, except as required by applicable law.

4. Privacy

4.1 Privacy Policy: Your use of the Service is also governed by our Privacy Policy, which can be found on the Formberry website. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

5. Intellectual Property

5.1 Ownership: Formberry retains all rights, title, and interest in and to the Service, including all intellectual property rights. You may not reproduce, modify, distribute, or create derivative works based on the Service without our express permission.

6. Termination

6.1 Termination by You: You may terminate this Agreement by discontinuing your use of the Service and closing your account.

6.2 Termination by Formberry: Formberry reserves the right to suspend or terminate your account and access to the Service at its sole discretion, with or without cause.

7. Limitation of Liability

7.1 Disclaimer: The Service is provided “as is” and “as available” without warranties of any kind. Formberry does not guarantee that the Service will be error-free, secure, or uninterrupted.

7.2 Limitation of Liability: To the maximum extent permitted by law, Formberry and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits or data arising from your use of the Service.

8. Governing Law

8.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, United States, without regard to its conflict of law principles.

9. Changes to Terms & Conditions

9.1 Changes: Formberry reserves the right to modify this Agreement at any time. Any changes will be posted on the Formberry website, and your continued use of the Service after such changes will constitute your acceptance of the revised Agreement.

10. Contact Information

10.1 Contact: For any questions or concerns regarding this Agreement, you may contact Formberry at rob@formberry.io.

By using Formberry’s Service, you acknowledge that you have read, understood, and agreed to these Terms & Conditions. If you do not agree with any part of these terms, please do not use the Service.