Terms of Use

Last updated: December 28, 2024

Welcome to Formatic, a service operated by Codient Technologies Inc. These Terms of Use ("Terms") govern your access to and use of our services, including our website at formatic.dev, the web application, and all associated features (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

1. Access and Use of Service

• You must be at least 18 years old to use our Services.
• You are responsible for maintaining the confidentiality of your account credentials.
• Unauthorized access, use, or distribution of our Services is strictly prohibited.
• By creating an account, you agree to receive communications from us, including promotional emails, product updates, newsletters, and requests for feedback. You may opt out of marketing communications at any time (see our Privacy Policy for details).

2. Acceptable Use Policy

You agree not to use Formatic to:

• Create forms that collect information for illegal purposes, including fraud, identity theft, or any activity that violates applicable laws.
• Build phishing forms or forms designed to deceive users into providing sensitive information under false pretenses.
• Harvest email addresses or personal data for unsolicited communications (spam).
• Collect sensitive personal information (such as Social Security numbers, financial account details, or health information) without appropriate security measures and legal basis.
• Create forms that infringe on intellectual property rights or violate the privacy rights of third parties.
• Distribute malware, viruses, or any harmful code through forms or file uploads.
• Engage in any activity that disrupts, damages, or impairs our Services or servers.

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy without prior notice.

3. User Content

• You are solely responsible for any content you submit, upload, or create using Formatic, including form designs and submission data.
• You retain ownership of forms you create and data collected through your forms.
• We reserve the right to review, remove, or reject content that violates these Terms or is deemed inappropriate.

4. Subscriptions and Payments

• Formatic offers Free, Starter, and Pro subscription tiers with different feature limits.
• Paid subscriptions are billed monthly. Payments are processed securely through Stripe.
• You may cancel your subscription at any time. Access to paid features continues until the end of your billing period.
• Refunds are handled on a case-by-case basis. Contact support@formatic.dev for refund requests.
• If your subscription ends, your account reverts to the Free tier. Forms and data are retained, but access to paid features is restricted.

5. Hosted Forms and API Usage

• Hosted forms are subject to submission limits based on your subscription tier.
• API access is provided for legitimate form submission and data retrieval purposes only.
• You agree not to abuse API endpoints, including excessive requests, automated scraping, or any activity that degrades service performance.
• We reserve the right to rate-limit or suspend API access for accounts that violate these terms.

6. Intellectual Property

All software, code, branding, logos, and content on Formatic are the intellectual property of Codient Technologies Inc. You may not copy, modify, distribute, sell, or lease any part of our Services without prior written permission.

Code you export from Formatic is yours to use in your projects without restriction.

7. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

8. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the fullest extent permitted by law, Codient Technologies Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your access to or use of the Services.

10. Indemnification

You agree to indemnify, defend, and hold harmless Codient Technologies Inc., its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your forms and the data collected through them, including any claims by third parties whose information you collect
• Your violation of any applicable laws or regulations, including privacy and data protection laws
• Any content you submit, post, or transmit through the Services

11. Modifications to Services or Terms

We reserve the right to modify or discontinue any aspect of the Services at any time. We may also update these Terms from time to time. Changes will be posted with an updated "Last updated" date.

12. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved as follows:

• Informal Resolution: Before filing any formal complaint, you agree to contact us at support@formatic.dev to attempt to resolve the dispute informally. We will work in good faith to resolve any issues within 30 days.
• Mediation: If informal resolution fails, either party may request non-binding mediation before a mutually agreed-upon mediator.
• Arbitration: Any unresolved disputes shall be settled by binding arbitration in accordance with the rules of the ADR Institute of Canada. The arbitration shall take place in Canada, and the decision shall be final and binding.
• Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law

These Terms are governed by the laws of Canada, without regard to its conflict of law principles.

14. Contact

If you have any questions about these Terms, please contact us at: support@formatic.dev