Terms of Service

Last revised: June 2016

By using the FormFerret (“Service”), you are agreeing 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 REPRESENT 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.

FormFerret is a service of Siyelo Labs Pty Limited ("Siyelo"). Siyelo is the legal entity representing FormFerret. These Terms of Service are specific to the use of FormFerret and are not related to the use of any other service provided by Siyelo.

Siyelo reserves the right to update and change the Terms of Service at any time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://www.formferret.com/terms-of-service

Violation of any of the terms below will result in the termination of your Account. While Siyelo prohibits such conduct and Content on the Service, you understand and agree that Siyelo cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  5. One person or legal entity may not maintain more than one free account.
  6. You are responsible for maintaining the security of your account and password. Siyelo cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others).
  8. You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

API Terms

Customers may access their Service account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Service, is bound by the terms of this Agreement plus the following specific terms:

  1. You expressly understand and agree that Siyelo 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 Siyelo has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to Service via the API may result in the temporary or permanent suspension of your account's access to the API. Siyelo, in its sole discretion, will determine abuse or excessive usage of the API. Siyelo will make a reasonable attempt via email to warn the account owner prior to suspension.
  3. Siyelo reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading and Downgrading Terms

  1. All paid plans must enter a valid credit card. Free trial accounts are not required to provide credit card details.
  2. An upgrade from the free plan to any paid plan will immediately bill you.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Australian taxes (GST) which is included in the price for Australian businesses.
  5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  6. Downgrading your Service may cause the loss of content, features, or capacity of your Account albeit Siyelo will endeavour to apply best practices to prevent such an event. Siyelo does not accept any liability for such loss.

Suspension, Cancellation and Termination

  1. You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Company Settings and closing your account. An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.
  2. In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.
  3. Siyelo, in its sole discretion, has the right to suspend, cancel or terminate your account and refuse any and all current or future use of the Service, or any other Siyelo service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Siyelo reserves the right to refuse service to anyone without notice for any reason at any time.

Modifications to the Service and Prices

  1. Siyelo 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 notice provided by email in a reasonable timeframe preceding the discontinuation.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the FormFerret Site (formferret.com) or the Service itself.
  3. Siyelo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  3. Siyelo does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
  4. The look and feel of the Service is copyright © 2016 Siyelo Labs Pty Limited. All rights reserved. You may not duplicate, copy, re-engineer or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Siyelo.

Privacy Policy

  1. For information regarding Siyelo's treatment of personally identifiable information, please review FormFerret's current Privacy Policy at http://www.formferret.com/privacy-policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by FormFerret’s Privacy Policy.
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General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
  3. You understand that Siyelo may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Siyelo, or any other Siyelo service.
  5. You agree not to 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 by Siyelo.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Siyelo customer, employee, member, or officer will result in immediate account termination.
  8. You agree that Siyelo may list you as a client of Siyelo in promotional materials or in submissions to other potential Siyelo clients. Further, provided Siyelo does not disclose your confidential information, Siyelo is entitled to describe in its Services and promotional material the results achieved by your organisation as a consequence of the Services provided by Siyelo.
  9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  11. You must not transmit any worms or viruses or any code of a destructive nature.
  12. We reserve the right to immediately disable your account if usage significantly exceeds the average usage of other Service customers (as determined solely by Siyelo).
  13. Siyelo does not warrant that:
    1. the service will meet your specific requirements
    2. the service will be uninterrupted or error-free
    3. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
    4. any errors in the Service will be corrected.
  14. You expressly understand and agree that Siyelo 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 Siyelo 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. unauthorised 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.
  15. The failure of Siyelo 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 constitutes the entire agreement between you and Siyelo and govern your use of the Service, superseding any prior agreements between you and Siyelo (including, but not limited to, any prior versions of the Terms of Service).
  16. Your use of the Service, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our websites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
  17. Questions about the Terms of Service should be sent to support@formferret.com