Terms of Service

Last updated: Sep 1, 2024

Form Falcon is a service provided by Form Falcon Limited, a company incorporated in England and Wales (“Form Falcon,” “our,” “us,” or “we”). Our platform, accessible at formfalcon.io, includes all areas of the site (“Site”) and the services offered therein (“Services”). Before using our Services, please thoroughly review and agree to the following Terms of Service (“Terms” or “Agreement”), which will govern your use of the Services.

Acceptance

By visiting the Site, or using any Services, you represent and affirm that you have read, understand, and agree to be bound by these Terms. If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. You also affirm that you are of legal age to form a binding contract with us (typically 18 years or older). If you do not agree to these Terms at any time, please cease use of this Site and any Services immediately.

By continuing to use the Site and Services, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data collected, used, and shared as set forth in our Privacy Policy. By continuing to use the Site and Services after updates to these Terms are posted, you agree to be bound by the revised Terms. You agree to use the Site and Services only for lawful purposes and in accordance with these Terms.

Services Overview

Form Falcon provides a platform for building dynamic, multi-step web forms (“Forms”) and related tools, features, and integrations (collectively, the “Services”). Through our Services, you can create, customize, and deploy forms to collect and manage data. The Services are accessible via our Site at formfalcon.io, and your access and use of the Services are governed by these Terms.

We reserve the right to modify, suspend, or discontinue any part of the Services (including, but not limited to, features, tools, integrations, or content), whether temporarily or permanently, at any time and without prior notice. You agree that Form Falcon shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Depending on your selected plan, you may choose to store the data, materials, or other inputs collected through the Forms (“Form Input”) on our platform or with a third-party cloud provider of your choice. You retain sole responsibility for managing and securing your Form Input in compliance with applicable laws and regulations. We may also impose limits on certain features or restrict access to parts of the Services without notice or liability, including but not limited to limits on the number of forms, submissions, or storage available under your plan.

Account Creation & Security

Creating an Account

To access certain features of our Services, you must create an account by providing a valid email address and any other required information during the signup process. By creating an account, you represent and warrant that all information provided is accurate, current, and complete, and you agree to update your account information as necessary to maintain its accuracy. You must be of legal age to form a binding contract (typically 18 years or older) to register an account.

If you are creating an account on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. You agree that all activities conducted under your account are your responsibility, and you will comply with these Terms and all applicable laws.

Workspaces and Collaborative Access

Certain plans allow you to invite other users to collaborate within a shared Workspace. Each invited user must create their own account, and their use of the Services will also be governed by these Terms. As the primary account holder, you are solely responsible for the actions of all users invited to your Workspace, including ensuring compliance with these Terms and monitoring activities within the Workspace. Permissions and roles for Workspace users can be managed through your account settings, and it is your responsibility to ensure that appropriate access levels are assigned to each user.

Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. Only authorized individuals should access your account or Workspace. If you suspect unauthorized access or a security breach, you must notify us immediately. We are not liable for any loss or damage resulting from your failure to safeguard your account or Workspace credentials. Until you notify us of unauthorized access or prove that your account security was compromised through no fault of your own, you remain responsible for all activities conducted through your account.

Account Deletion

You may delete your account at any time, provided that any active subscriptions have been canceled and the account has reached the end of its billing cycle. Account deletion during a free trial is also permitted. Upon deletion, all associated User Content will be removed from our active systems; however, backups may persist for a limited period in compliance with applicable laws or internal policies. It is your responsibility to back up any data or content you wish to retain before deleting your account.

Prohibited Activities

• You understand and agree that you will not use the Services to engage in any of the following prohibited conduct:
• Sharing your account credentials or allowing unauthorized access to your account.
• Using another person’s account or impersonating another user.
• Creating multiple accounts to circumvent account limits or restrictions.
• Submitting false or misleading information during registration or account maintenance.
• Using the Services for any illegal or fraudulent purpose, including violating intellectual property rights, privacy rights, or data protection laws.
• Collecting, using, or disclosing information without proper consent, including personally identifiable information or information about minors under the age of 18 without parental consent.
• Using the Services for purposes of competitive analysis, the development of a competing product or service, or any other purpose that is to our commercial disadvantage.
• Overloading or disrupting our systems by imposing unreasonable demands on our infrastructure, running auto-responders, spiders, bots, or other automated systems without our explicit permission.
• Engaging in unsolicited advertising, including spam, junk mail, chain letters, or unauthorized promotions.
• Introducing viruses, malicious code, or any software designed to harm our platform, users, or third parties.
• Posting, storing, sending, transmitting, or disseminating content that is harassing, libelous, obscene, abusive, vulgar, defamatory, or otherwise harmful.
• Creating a false appearance of affiliation with Form Falcon or suggesting that Form Falcon endorses, sponsors, or is associated with any products or services without explicit authorization.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code or underlying algorithms of any part of the Services, or creating derivative works of the Services.
• Transferring or selling your account without prior written consent from Form Falcon.
• Taking any action that constitutes a direct or specific threat of violence to others or that facilitates criminal activity.
• Circumventing or attempting to bypass any security-related features of the Services, including features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services.
• Collect, store, or process any information that constitutes Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA) or similar healthcare regulations unless explicitly authorized and agreed upon by Form Falcon in writing.
• Violating these terms may result in suspension or termination of your account or Workspace access, as well as further legal action if necessary.

Reservation of Rights

We reserve the right to modify, suspend, or discontinue the Services or remove any forms, content, or data that violates these Terms. This includes but is not limited to content that infringes intellectual property, promotes illegal activities, or harms the Services or other users. We may also investigate and cooperate with law enforcement regarding any suspected violations of these Terms.

Termination of Account

We reserve the right to suspend or terminate your account or Workspace access at our sole discretion if you or any invited user violate these Terms, provide false or misleading information, or engage in activities that harm the Services. Upon termination, we may disable access to your account and delete associated data without liability for any resulting loss.

Payments, Subscriptions and Refunds

Free Trial Period

We offer a 30-day free trial for all subscription plans, during which you can fully explore our Services without the need to provide credit card information. During this trial period, you may access all features of your selected plan and upgrade to a paid plan at any time. Should you choose to upgrade, you will be redirected to our Checkout to complete the payment process. If you do not upgrade by the end of the trial period, your access to paid features will be automatically suspended.

Payment Terms

To access paid features of our Services beyond the trial period, you must subscribe to a plan and provide valid payment details via our Checkout. By subscribing, you authorize Form Falcon to charge the applicable fees to your selected payment method on a recurring basis, as specified by your plan (e.g., monthly or annually). You are responsible for ensuring that your payment information is accurate and up to date.

All payments are processed securely through our Checkout or Billing Portal. Users have access to our Billing Portal at any time to manage their subscriptions, including upgrading, downgrading, or canceling their plans. You are responsible for maintaining accurate payment information to avoid interruptions in service.

Subscriptions

Subscription plans are billed in advance on a recurring, periodic basis (e.g., monthly or annually). Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. Notifications about upcoming renewals will be sent to the email address associated with your account.

If you wish to cancel your subscription, you may do so through our Billing Portal. Upon cancellation, your plan will remain active until the end of the current billing cycle, after which you will lose access to paid features.

Upgrades and Downgrades

You can upgrade or downgrade your subscription plan at any time via our Billing Portal. Changes to your plan take effect immediately:

Upgrades: If you upgrade your plan, you will be charged the prorated difference for the current billing cycle, and the new plan will apply immediately.

Downgrades: If you downgrade, the reduced features and pricing will take effect immediately, with prorated adjustments applied as a credit to your next billing cycle.

Form Falcon is not responsible for the loss of data resulting from account suspension, cancellation, or downgrades. Users should ensure regular backups of their Form Input and other data.

Refunds

We offer refunds on a pro-rata basis for unused portions of annual subscriptions if canceled within the first 30 days of payment. Refunds for monthly subscriptions and partially used plans are not provided unless required by applicable law. Refunds for subscriptions initiated through third-party platforms (e.g., Apple App Store, Google Play) are subject to the refund policies of those platforms.

If you believe you are entitled to a refund, please contact our support team at [email protected] or via the support portal on our Site within 30 days of payment.

Taxes

All subscription fees are exclusive of applicable taxes, including but not limited to VAT or sales tax. You are responsible for paying any taxes associated with your use of the Services. Taxes will be calculated and applied at checkout based on your billing address.

Payment Failures

If a payment method fails, we will attempt to process the payment again. If payment cannot be processed within a reasonable time, we may suspend or downgrade your account until payment is received. You remain responsible for any unpaid fees during this period. To avoid service interruptions, please ensure your payment method is valid and up to date.

Pricing Changes

We reserve the right to modify subscription fees for our Services. If a pricing change occurs, we will notify you at least 30 days in advance. Any pricing changes will apply to the next billing cycle after the notification period. By continuing to use the Services after the new pricing takes effect, you agree to the updated fees.

Legal Compliance and User Conduct

You agree to comply with all applicable laws and regulations regarding payments and use of the Services. Violations of these terms, including fraudulent payment activity, may result in account suspension, termination, or legal action as appropriate.

Intellectual Property

Platform Intellectual Property

All rights, title, and interest in and to the Services, including but not limited to the platform, design, features, software, algorithms, trademarks, logos, and all associated content (“Form Falcon Intellectual Property”), are owned by or licensed to Form Falcon. These rights are protected by intellectual property laws worldwide. Except as expressly provided in these Terms, you are granted no rights or licenses to use any Form Falcon Intellectual Property without prior written consent.

You agree not to:

• Copy, modify, create derivative works, distribute, sell, lease, or license any part of the Services or Form Falcon Intellectual Property.
• Reverse engineer, decompile, disassemble, or attempt to extract source code or underlying algorithms of any part of the Services.
• Use Form Falcon Intellectual Property for any purpose other than as explicitly authorized under these Terms.

User Content

Users retain ownership of the content they create, submit, or upload to the Services, including Forms, Form Input, and any associated data (“User Content”). By submitting User Content to the Services, you grant Form Falcon a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, display, and distribute the User Content solely as necessary to provide, maintain, and improve the Services. This license applies for as long as you maintain an active account with us.

While we make reasonable efforts to delete User Content upon account termination, some residual copies may remain in our backup systems or logs for a limited period as required by law or internal policies.

You represent and warrant that:

• You own or have the necessary permissions to use and upload your User Content.
• Your User Content does not infringe on any intellectual property rights, privacy rights, or other legal rights of third parties.
• Your User Content complies with all applicable laws and these Terms.

If you make User Content publicly available (e.g., through public forms), you grant Form Falcon the additional right to display such content to third parties for its intended purpose. Form Falcon is not responsible for the actions of third parties who may access publicly shared content.

Form Falcon reserves the right to remove or disable access to any User Content that violates these Terms or applicable laws, at its sole discretion and without prior notice.

Prohibited Use of Intellectual Property

You are prohibited from:

• Using any part of the Services, including Forms and User Content, for unlawful purposes or in violation of intellectual property laws.
• Uploading or submitting any content that infringes on copyrights, trademarks, or trade secrets without the express permission of the owner.
• Claiming ownership of Form Falcon Intellectual Property or suggesting an affiliation, sponsorship, or endorsement by Form Falcon without prior authorization.

Copyright Infringement and DMCA Compliance

Form Falcon complies with the Digital Millennium Copyright Act (DMCA) and similar laws. If you believe that content on our platform infringes your copyright, you may submit a takedown request to us by providing the following information:

• A description of the copyrighted work claimed to be infringed.
• A description of the infringing material and its location on the Services.
• Your contact information, including name, address, email, and phone number.
• A statement that you have a good faith belief that the use of the material is unauthorized.
• A statement, under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on their behalf.
• Your physical or electronic signature.

Submit copyright infringement notices to: [email protected].

If you believe your content was removed in error, you may submit a counter-notice. The counter-notice must include:

• A description of the content removed and its location prior to removal.
• A statement under penalty of perjury that you have a good faith belief the content was removed in error.
• Your contact information, including name, address, email, and phone number.
• A statement that you consent to the jurisdiction of the courts where your address is located, or where Form Falcon is headquartered, and that you will accept service of process from the complainant.
• Your physical or electronic signature.

We may reinstate the content upon receipt of a valid counter-notice unless the original complainant files a court action against you within 10 business days.

Reservation of Rights

Form Falcon reserves all rights not expressly granted under these Terms. Any unauthorized use of the Services or Form Falcon Intellectual Property may result in suspension or termination of your account, as well as legal action to enforce our rights.

Data Privacy and Security

Form Falcon is committed to protecting your data and maintaining the privacy and security of all information processed through our Services. This section provides an overview of our approach to data privacy and security. For detailed information, please refer to our Privacy Policy.

Our Commitment to Data Privacy

We collect, use, and store your data in accordance with applicable laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA/CPRA). Personal data provided by users is used solely to deliver and improve our Services, and it is never shared with third parties for unauthorized purposes.

Security Measures

Form Falcon employs industry-leading security practices to safeguard your data, including but not limited to:

• Encryption of data in transit and at rest.
• Regular security audits and vulnerability assessments.
• Access controls and authentication measures to prevent unauthorized access to user accounts.

While we take all reasonable steps to protect your data, no method of transmission over the Internet or electronic storage is completely secure. Therefore, we cannot guarantee absolute security.

User Responsibilities

As a user, you are responsible for:

• Maintaining the confidentiality of your account credentials, including passwords.
• Ensuring that any data you input, upload, or share through the Services complies with all applicable laws and does not infringe on the rights of third parties.
• Notifying us immediately if you suspect unauthorized access or a security breach related to your account.

Data Retention and Deletion

We retain your data only as long as necessary to provide the Services or as required by applicable laws. You may delete your account and associated data by following the account deletion process outlined in our Terms of Service or Privacy Policy. Please note that backups or residual copies of data may persist temporarily as required for compliance or operational purposes.

Privacy Policy Reference

For a comprehensive understanding of how we handle your personal data, including what we collect, how we use it, and your rights, please review our full Privacy Policy. By using our Services, you acknowledge and agree to the practices and policies described in our Privacy Policy and this section.

Third-Party Services and Plugins

Core Third-Party Services

To provide a reliable and secure platform, Form Falcon leverages core third-party services that are integral to its functionality, including:

• Firebase/Firestore: Our database and backend services are powered by Firebase/Firestore, a Google service. It facilitates data storage, retrieval, and real-time synchronization for your forms, submissions, and account-related data. Firebase adheres to strict security and compliance standards, including encryption in transit and at rest. Learn more about Firebase’s practices in their Privacy Policy.
• Payments: We utilize Stripe to securely process subscription payments.
• Cloud Hosting and Infrastructure: Our platform relies on trusted cloud providers to ensure high availability and scalability.

Data stored in Firebase/Firestore is subject to our Privacy Policy and is used solely for operational purposes to deliver the Services.

By using our Services, you acknowledge and agree to the involvement of these third-party services. While we strive to partner with reputable providers, Form Falcon is not responsible for the security, accuracy, or privacy practices of these external services. Your interactions with these services are governed by their respective terms and policies.

Plugins and Integrations

Form Falcon provides “Plugins” that enable integration with third-party services, such as Google Sheets, Excel Online, Mailchimp, Zapier, and more. Plugins allow you to extend the functionality of your forms by automating workflows, syncing data, and integrating with external tools.

By enabling Plugins, you agree to:

• The terms and conditions of the respective third-party services.
• Allow Form Falcon to share data between your account and the selected services, as necessary to facilitate the integration.

Data Sharing with Third Parties

When using Plugins or third-party services:

• Data shared with third-party services is limited to what is necessary for functionality or as required by law.
• Form Falcon does not monitor or control how third-party services handle your data. Please review their privacy policies and terms of use.
• All data sharing is governed by our Privacy Policy.

User Responsibility

You are responsible for:

• Ensuring compliance with applicable laws and third-party terms when using Plugins and Services.
• Proper configuration of Plugins and integrations within your account.
• Monitoring how data is shared or processed through integrations and third-party services.

Limitation of Liability

Form Falcon is not liable for:

• Errors, delays, or interruptions caused by third-party services or integrations.
• Loss, misuse, or unauthorized access to data resulting from your use of Plugins or third-party services.
• Your failure to comply with applicable laws, regulations, or requirements, including but not limited to HIPAA.
• Changes, updates, or discontinuation of APIs or functionality by third-party services.

Support and Availability

While we aim to ensure that Plugins and third-party services function seamlessly with our platform, we do not guarantee uninterrupted or error-free performance. Form Falcon reserves the right to:

• Modify, suspend, or discontinue support for specific third-party services or Plugins.
• Add or remove Plugins and integrations at our sole discretion.

Plugin-Specific Terms

Certain Plugins may be subject to additional terms and conditions provided during activation or configuration. By enabling the Plugin, you agree to these additional terms.

Changes to Third-Party Services

We reserve the right to update or change the way third-party services interact with our platform. Any such changes will be communicated through updates to these Terms or other appropriate notices.

Disclaimers and Limitation of Liability

General Disclaimer

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent permitted by law, Form Falcon disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee:

• That the Services will be uninterrupted, error-free, or secure.
• That the data or results generated through the Services will be accurate or reliable.
• That any errors or defects will be corrected.

Your use of the Services is at your sole risk, and you are solely responsible for ensuring compliance with applicable laws.

Data Backup and Loss Disclaimer

Form Falcon takes regular backups of its database to safeguard your data. However, gaps between backups may occur, and we cannot guarantee the recovery of any specific data if it is lost, deleted, or corrupted between backups. Users are responsible for maintaining their own backups of critical data outside of the platform and ensuring data accuracy during use.

We disclaim liability for:

• Data loss resulting from user error, such as accidental deletion or improper configuration.
• Data loss during unforeseen events, including hardware failures or cyberattacks, unless caused by our gross negligence.

Cap on Liability

To the maximum extent permitted by law, Form Falcon’s total aggregate liability to you for any claims, damages, or losses arising out of or related to the use or inability to use the Services is limited to the total fees you have paid to Form Falcon in the 12 months immediately preceding the event giving rise to the liability.

This cap applies regardless of the type of claim, including but not limited to breach of contract, tort (including negligence), or statutory claims.

Waiver for Service Interruptions

By using the Services, you expressly waive any claims against Form Falcon for service interruptions, data unavailability, or delays, except where such claims arise from intentional misconduct or fraud. This includes interruptions caused by:

• Maintenance, updates, or other planned service outages.
• Third-party service providers, such as payment processors or plugins.
• Unforeseen events beyond our reasonable control, including force majeure events like natural disasters or government actions.

User Responsibility

By using the Services, you acknowledge and agree that:

• You are responsible for maintaining copies of critical data stored on the platform.
• You are responsible for verifying the accuracy and completeness of your data.
• You assume all risks associated with third-party integrations, plugins, or services connected to your account.

Limitation of Use

Form Falcon is not designed to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or other healthcare-related data privacy regulations. By using Form Falcon, you agree not to use the Services to collect, store, process, or transmit any data that would subject Form Falcon to HIPAA compliance or similar regulations. If you are in the healthcare industry or are required to comply with HIPAA, you must not use Form Falcon for the collection or management of healthcare-related data.

No Liability for Indirect or Consequential Damages

To the fullest extent permitted by law, Form Falcon shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, revenue, business opportunities, goodwill, or data, arising out of or related to the use of or inability to use the Services, even if we have been advised of the possibility of such damages.

Termination and Suspension

Grounds for Termination or Suspension

Form Falcon reserves the right to suspend or terminate your account, access to the Services, or your agreement with us, at our sole discretion, under the following circumstances:

• Non-Payment: Failure to pay subscription fees or resolve payment issues within the provided grace period.
• Abuse or Misuse: Engaging in prohibited activities, including but not limited to violations of our Terms, abuse of our Services, or attempts to compromise the platform’s integrity.
• Violation of Terms: Breach of any part of these Terms or failure to comply with applicable laws and regulations.
• Illegal or Harmful Activities: Activities that are illegal, pose a security threat, or harm Form Falcon’s reputation, infrastructure, or other users may result in immediate termination without notice.
• Service Modifications or Discontinuation: We may terminate access to the Services if they are discontinued or significantly modified, in accordance with the provisions outlined in these Terms.

Notification and Access to Data

• If your account is suspended or terminated, we will notify you via the email address associated with your account.
• For suspensions, we may provide a grace period during which you can contact us to request a copy of your data. However, access to data may be restricted in cases of severe terms violations or security risks.
• Upon termination, all access to the Services and any associated data will cease. While we maintain regular backups, users are responsible for their own data, and gaps caused by user actions (e.g., deletions or failed updates) may not be recoverable.

Refunds and Account Termination

Voluntary Termination by the User:

• If you terminate your account during an active subscription, you may continue to use the Services until the end of your current billing cycle, at which point your access and data will be disabled.
• If you terminate during a free trial, all data and access will be removed immediately upon account deletion.

No Refunds:

• Refunds for terminated accounts are only available under the conditions outlined in the Payments, Subscriptions, and Refunds section of these Terms. Unless otherwise stated, partially used subscription periods are non-refundable.
• Users terminating their accounts during a trial period are not entitled to refunds, as no payment is required for trial use.

User Responsibilities Upon Termination

• Outstanding Payments: Users remain liable for any unpaid subscription fees or outstanding balances incurred prior to termination.
• Data Backup: Users are responsible for maintaining their own backups of data during use of the Services. We are not liable for loss of data resulting from suspension or termination.

Indemnification

You agree to indemnify and hold Form Falcon harmless from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the Services, violations of these Terms, or activities leading to termination or suspension.

Dispute Resolution and Governing Law

Governing Law

These Terms, and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales, unless otherwise required by mandatory consumer protection laws in your local jurisdiction.

Informal Dispute Resolution

If you have any dispute with Form Falcon, you agree to first contact us at [email protected] to attempt to resolve the issue informally. Most concerns can be resolved quickly and to the satisfaction of all parties through communication.

Arbitration Agreement

If a dispute cannot be resolved informally, it shall be resolved through binding arbitration under the rules of the International Chamber of Commerce (ICC), except where prohibited by law. By agreeing to these Terms, you waive the right to litigate disputes in court or to participate in a class action lawsuit.

• Arbitration Procedures: The arbitration will be conducted in London, England, in the English language, and administered by a single arbitrator mutually agreed upon by the parties.
• Costs: Each party will bear its own legal fees unless the arbitrator determines otherwise. Administrative costs of arbitration (e.g., ICC fees) will be split equally unless the arbitrator allocates costs based on fairness or misconduct by a party.
• Opt-Out Provision: You may opt out of this arbitration agreement by providing written notice to [email protected] within 30 days of creating your account. Opting out will not affect other provisions of these Terms.
• Exceptions to Arbitration: This arbitration agreement does not apply to:
  • Claims brought in small claims court.
  • Actions seeking injunctive relief related to intellectual property rights or unauthorized use of the Services.
    • Filing complaints with regulatory or government bodies where permitted by law.

Arbitration Opt-Out

You may opt out of the arbitration agreement described above by providing written notice to us at [email protected] within 30 days of the date you first agree to these Terms. Your opt-out notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration.

If you opt out of arbitration, any disputes that would otherwise have been resolved through arbitration will be resolved exclusively in the courts of England and Wales, subject to the “Governing Law and Jurisdiction” clause of these Terms. Opting out of arbitration does not affect the enforceability of any other provisions of these Terms, including the class action waiver.

Waiver of Class Actions

You agree that any claims or disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Time Limits on Claims

You agree that any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.

Exclusive Jurisdiction

Subject to the arbitration agreement above, you agree that any legal proceedings not subject to arbitration shall be brought exclusively in the courts of England and Wales.

Changes to Dispute Resolution Policies

Form Falcon reserves the right to update or modify its dispute resolution policies, including arbitration provisions, by providing notice to users. Continued use of the Services after such updates constitutes your acceptance of the updated policies.

Suggestions, Force Majeure, and General Provisions

User Suggestions and Feedback

We value your input and welcome suggestions, ideas, and feature requests to improve our Services. By submitting any suggestions, ideas, feedback, or other information (“Feedback”) to Form Falcon, you agree that:

• The Feedback is provided voluntarily, and you grant Form Falcon a worldwide, perpetual, irrevocable, royalty-free, and fully transferable license to use, modify, implement, distribute, and commercialize the Feedback without restriction or compensation to you.
• Any implementations of your Feedback that are incorporated into the Services become the exclusive property of Form Falcon and are considered part of Form Falcon’s intellectual property.
• You represent and warrant that you own or have the right to provide the Feedback and that it does not infringe upon the intellectual property rights or other rights of any third party.

Force Majeure

Form Falcon shall not be held responsible for any delay or failure in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, supply chain disruptions, acts of terrorism, governmental actions, power outages, or internet service interruptions. During such events, we may suspend or limit your access to the Services, but we will make reasonable efforts to resume normal operations as soon as possible.

General Provisions

Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, the remaining provisions will remain in full force and effect. The unenforceable portion shall be modified to the extent permitted by law to best reflect the original intent of the parties.

No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be expressly granted in writing to be valid.

Entire Agreement

These Terms, along with our Privacy Policy and any additional agreements or terms referenced herein, constitute the entire agreement between you and Form Falcon concerning your use of the Services. They supersede all prior or contemporaneous understandings, agreements, representations, or communications, whether written or oral.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. Any disputes arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales.

Updates to the Terms

Right to Modify Terms

Form Falcon reserves the right to update or modify these Terms of Service at any time, at our sole discretion. Any updates or modifications will become effective upon posting to our Site or upon notifying you via the email address associated with your account. Continued use of the Services after updates to the Terms constitutes your acceptance of the revised Terms.

Notification of Changes

While we may notify you of significant changes to the Terms, it is your responsibility to periodically review this document to stay informed about any updates. If you do not agree to the revised Terms, you must discontinue use of the Services immediately.

Governing Law

These Terms of Service and any disputes arising out of or relating to these Terms or your use of the Services will be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Form Falcon. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Form Falcon may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Survival

Certain provisions of these Terms shall survive the termination or expiration of this Agreement, including but not limited to Intellectual Property, Indemnification, Limitation of Liability, Governing Law, and Dispute Resolution.

Contact Information

If you have any questions about these Terms or need to contact us for any reason, you can reach us using the following details:

• Company Registration Number: 14871147
• Registered Office: 2 Coped Hall Business Park, Royal Wootton Bassett, Swindon, SN4 8DP
• Email: [email protected]
• Contact Form: formfalcon.io/contact