AIMM Global, Inc. / Amplus Forms, headquartered in Atlanta, Georgia, USA (“Amplus Forms”, “Us” or “We”) provides Amplus Forms products, services and websites (collectively the “Amplus Forms Service”) to you, our client, and to all other persons authorized by you to use or access the Amplus Forms Service on your behalf, including any company you represent (collectively “you”), subject to your compliance with all terms, conditions and notices contained or referenced in this document (the “Terms”).
Please read these Terms carefully. By using the Amplus Forms Service, you are stating that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Amplus Forms Service. If you require an Enterprise or Partner agreement, please contact us to request this option.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your app designs and data, to which Amplus Forms agrees you retain all rights) of the Amplus Forms Service, use of the Amplus Forms Service, or access to the Amplus Forms Service. If you wish to pursue resale of the Amplus Forms Service, contact our sales team to discuss our Partner options.
You agree not to use the Amplus Forms Service to violate any local, state, national, or international law or regulation. You may not sign up to the Amplus Forms Service if you are currently employed by, or otherwise associated with, one of our identified competitors. This is to protect us against violation of intellectual property and to protect you from potential litigation from Amplus Forms.
Amplus Forms does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you create, submit or make available for inclusion on or through the Amplus Forms Service (your “App Data“). As between Amplus Forms and you, you own all rights to your App Data. Amplus Forms does not review apps that you create and you agree that you are solely responsible for all of your App Data.
(a) User License Fees.
Each user that is registered on the Amplus Forms Service is subject to a recurring user license fee. A unique, named user login is required and no sharing of logins is allowed. A user may use their login on more than one device but not simultaneously. Simultaneous use under a single login is a violation of our terms. Sometimes there is a need to provide for a generic type login, such as for a reception area. However, that login may only be used on one device at a time and cannot be shared between devices. User license fees are charged at the rates shown in the store of the Amplus Forms website.
(b) Subscription and Service Fees.
Any additional subscriptions and/or services, such as professional services (“Pro Services”), that you select are provided at the rates set forth in the Store of the Amplus Forms website.
(c) Invoicing and Automatic Renewal.
Amplus Forms charges on the first day of every month in advance for all existing users and services enabled on your account. We will promptly generate invoices for this billing and will charge your registered credit card on the invoice due date. Your Amplus Forms licenses, subscription and/or services will automatically renew on the first day of each month until you cancel your account, which is done by emailing our support team.
(d) Value Added Tax, Sales Tax and Other Amounts.
Unless otherwise expressly stated, all fees are exclusive of local value added tax, sales tax, other taxes, duties and charges imposed or levied in connection with these Terms (“Taxes”). Amplus Forms will add any such applicable Taxes to your invoices as required by prevailing legislation. Without limiting the foregoing, you will be liable for any new Taxes imposed or levied in any relevant jurisdiction subsequent to commencing your Amplus Forms Service account.
(e) Fee Review.
Amplus Forms may periodically review fees, at which point Amplus Forms may increase or amend any such fee. Such reviews will occur no more than once within a continuous 12-month period. Where there is any net increase in the fees payable, Amplus Forms shall give no less than 30 days written notice to you of such increase.
You may purchase professional consulting or training services (“Pro Services”) from Amplus Forms to assist in your design for the Amplus Forms Service. You remain the “data controller” in this relationship, authorizing our personal to design on your behalf only. As a result of Pro Services delivered under these Terms, Amplus Forms may generate ideas, inventions, suggestions, copyrightable materials or other information (“Intellectual Property”) which fall into one of two categories:
a. Intellectual Property specifically related to the subject matter of Amplus Forms’s efforts under these Terms, and directly related to, or incorporated into, the work product to be produced by Amplus Forms and delivered to you under these Terms. Title to Intellectual Property described in this paragraph, that is developed solely by Amplus Forms, or jointly by Amplus Forms and you, shall remain in Amplus Forms at all times. Amplus Forms grants and you hereby accept, a perpetual, worldwide, royalty-free, EXCLUSIVE license to use all such Intellectual Property as incorporated into the Amplus Forms work product; and
b. Intellectual Property of general applicability, whether or not related to, or incorporated into, the work product to be produced by Amplus Forms and delivered to you under these Terms. Title to Intellectual Property described in this paragraph, including any Intellectual Property developed by Amplus Forms prior to or outside of these Terms, shall remain in Amplus Forms. To the extent such Intellectual Property is incorporated into work product to be produced by Amplus Forms and delivered to you, Amplus Forms grants and you hereby accept, a perpetual, worldwide, royalty-free, NON-EXCLUSIVE license to use all such Intellectual Property as incorporated into the Amplus Forms work product.
The default option for paying your Amplus Forms fees is by credit card. When paying by credit card, you warrant that the credit card information you provide is correct and you shall promptly update your credit card information upon any change. If you cannot pay by credit card, contact our support team to request special dispensation to pay your fees by electronic funds transfer (EFT), international money transfer (IMT) or by check. You agree that if your payment is not received by the invoice due date, for any reason, Amplus Forms may suspend or cancel your Amplus Forms subscription.
If you choose to downgrade, upgrade or otherwise change your Amplus Forms users, services or subscriptions, this may cause the loss of or addition to features or capacity on your account. To the extent permitted by applicable law, Amplus Forms does not accept any liability for such losses. Changes you make will usually only take effect from your next billing date.
You agree that:
(a) Amplus Forms may terminate your account immediately if an app you created on the Amplus Forms Service is found to be linked or otherwise used inside or in connection with an unsolicited email.
(b) You will not use the Amplus Forms Service or any apps you create using the Amplus Forms Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others. Any account reported or found doing so will be immediately suspended.
(c) Amplus Forms may terminate your Amplus Forms Service immediately if an app you create is found to be deceptively or without proper authority obtaining sensitive or personal information (for example credit card details, social security numbers, user login credentials). All such activities are considered as Phishing and any account along with the violating apps and data will be suspended immediately.
You may not use the Amplus Forms Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers, driver’s license numbers or Personal Health Information (“PHI”), but you are solely responsible for compliance with any data protection and privacy laws and regulations applicable to the sensitive information. To the extent you store PHI on the Amplus Forms Service, then the terms of the Amplus Forms Business Associate Agreement (“BAA”) will apply. Please contact our support staff to request an executable version of the BAA.
If you collect personal data in or from any person resident (or normally resident) in Europe or the United Kingdom, your actions occur under the prevailing EU data protection and privacy regulations and you are likely considered to be a “data controller”. You agree to ensure that your use of the Amplus Forms Service is compliant with prevailing EU data protection regulations. Should you qualify as a data controller under prevailing EU data protection and privacy regulations, you also acknowledge and agree to the Amplus Forms Data Processing Addendum (“DPA”), available upon request, and as updated from time to time.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any mobile device owned or controlled by you, your clients or any other Service users.
Amplus Forms respects the intellectual property rights of others. Accordingly, Amplus Forms has a policy of disabling access to any Amplus Forms client that violates copyright law, suspending access to the Amplus Forms Service to any user who uses the Amplus Forms Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user or client who uses the Amplus Forms Service in violation of copyright law.
The phrase “Amplus Forms” and the Amplus Forms logo are registered trademarks of Amplus Forms. You may use such trademarks for your standard marketing promotions, provide that you agree to cease or alter such use at Amplus Forms’s request where such use is contrary to Amplus Forms’s branding policies. Amplus Forms may use Client’s business name and logo in an appropriate and acceptable manner for standard marketing promotions, provided that Amplus Forms agrees to cease or alter such use at Client’s request.
You agree that Amplus Forms may terminate your Amplus Forms Service membership or suspend your access to all or part of the Amplus Forms Service, without notice, if Amplus Forms determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Amplus Forms shall not be liable to you or any third party for removing your apps or suspending or terminating your access to the Amplus Forms Service. You may discontinue your participation in and access to the Amplus Forms Service at any time, in which case any pre-paid payments are non-refundable and any pending payments must be settled with us.
Amplus Forms may, in its sole and absolute discretion, change these Terms from time to time. Amplus Forms will post notice of such changes on the Amplus Forms website. If you object to any such changes, your sole recourse shall be to cease using the Amplus Forms Service. Continued use of the Amplus Forms Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Amplus Forms reserves the right to modify or discontinue the Amplus Forms Service with or without notice to you. Amplus Forms shall not be liable to you or any third party should Amplus Forms exercise its right to modify or discontinue the Amplus Forms Service.
By giving your email address to Amplus Forms, you agree to receive administrative, announcements, newsletters, sales, and marketing emails from Amplus Forms. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
Amplus Forms’s provision of a link to Amplus Forms resources and/or any other website or internet resource is for your convenience only and does not signify Amplus Forms endorsement of such other web site or resource or its contents. Amplus Forms shall have no responsibility or liability for any information, software, or materials found at any other web site or internet resource.
Amplus Forms goes to great lengths to ensure successful delivery of emails, push notifications and other messages generated on or by the Amplus Forms Service, however we do not guarantee successful delivery of these. You agree that Amplus Forms cannot be held responsible for any consequences of such delivery failure. This is because delivery is not solely controlled by Amplus Forms and is subject to a number of points of failure which can prevent delivery. See our support site for more information about why delivery cannot be guaranteed.
You agree that access to the Amplus Forms Service is reliant upon various factors outside of Amplus Forms’s control, including, without limitation, your internet service provider, global telecommunications links, our hosting and other service providers, and other factors which may impact upon the availability of the Amplus Forms Service. While we will use all reasonable endeavors to ensure that you have continuous access to the Amplus Forms Service and apps created thereon, we will not be liable to you or any other person for any loss or damage caused by unavailability of the Amplus Forms Service.
You understand and expressly agree that use of the Amplus Forms Service is at your sole risk. The Amplus Forms Service is provided on an “as is” and “as available” basis. Amplus Forms expressly disclaims all warranties of any kind, whether express or implied, with respect to the Amplus Forms Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). Amplus Forms makes no warranty that the Amplus Forms Service will meet your requirements, or that the Amplus Forms Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of Amplus Forms is done at your own discretion and risk and that you will be solely responsible for any damage or consequential losses arising therefrom. No advice or information, whether oral or written, obtained by you from Amplus Forms or through the Amplus Forms Service shall create any warranty not expressly made herein.
You understand and expressly agree that, to the extent permitted under applicable law, in no event will Amplus Forms or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Amplus Forms Service.
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than injunctive legal actions, jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Amplus Forms may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Amplus Forms liability shall be the minimum permitted under such applicable law. Unless expressly provided otherwise, the limitation of liability shall not exceed the amount of the fees paid by you over the preceding 12 months, to use for the provision of the Amplus Forms Service.
You agree to indemnify, defend, and hold harmless Amplus Forms, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Amplus Forms Service, (b) your (or anyone using your account’s) use of the Amplus Forms Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
No joint venture, partnership, employment, or agency relationship exists between Amplus Forms and you as a result of these Terms or use of the Amplus Forms Service.
These Terms constitute the entire and exclusive and final statement of the agreement between you and Amplus Forms with respect to the subject matter hereof and supersedes any prior agreements or negotiations between you and Amplus Forms with respect to the subject matter hereof. These Terms and the relationship between you and Amplus Forms shall be governed by the laws of the State of Washington, USA without giving effect to conflict of laws principles. Any and all disputes, controversies and claims arising out of or relating to these Terms or concerning the respective rights or obligations of the parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator in King County, Washington, pursuant to the Commercial Rules of the American Arbitration Association then in effect. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The parties agree that the arbitrator shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to the prevailing party. The failure of Amplus Forms to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Amplus Forms and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Amplus Forms Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Amplus Forms Service.
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