Legal Terms

forMarketer. 75 Brodway. San Francisco, 94111 (USA).

Terms of Use

Welcome to forMarketer, a cloud-based content management solution (the ‚ÄúService‚ÄĚ, as more fully described below). The Service is owned and operated by forMarketer Ltd. and these Terms of Use will govern the relationship between you and forMarketer Ltd., or the forMarketer Ltd. subsidiary from which you are acquiring (directly or through an authorized distributor or reseller) the Services, as applicable (‚ÄúforMarketer‚Äú).

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (THE ‚ÄúTERMS‚ÄĚ OR ‚ÄúTERMS OF USE‚Äú), BECAUSE THEY, ALONG WITH OUR PRIVACY POLICY AND OUR DMCA COPYRIGHT POLICY, CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR THE ENTITY ACCESSING OR USING THE SERVICE, AND FORMARKETER. BY ACCESSING THE SERVICE OR BY USING IT IN ANY MANNER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

From time to time, forMarketer may change the Terms to meet technical, operational and legal changes. forMarketer will post a notice about changes made to the Terms on forMarketer’s website, and may send you a notice by email, a reasonable time before the changes take effect. You may choose by written notice to forMarketer to reject the amended Terms if the amendments adversely change your rights and if forMarketer does not agree that such amended terms will not apply to you, terminate your account. By continuing to use your account with the Service after the new changes have taken effect, you indicate your agreement to the amended Terms.

About the Service

The Service is an online content management platform.

From time to time, forMarketer may modify or enhance the Service, and may offer additional tools and features, free-of-charge or subject to additional fees. The additional tools and features may be governed by additional or different terms of service.

From time to time, forMarketer may offer its customers to subscribe to third party add-ons that integrate with, or complement, the Service. Such third party add-ons are owned and operated by the applicable third parties, may be subject to separate terms of service and policies of such third parties, and forMarketer shall not be responsible or liable for such add-ons.

Grant of Right

Subject to these Terms and to the payment of fees, if applicable, forMarketer grants you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Service solely for your business purposes and not for further commercialization or resale. Except as explicitly provided in these Terms, you may not use the Service for any other purpose.

User Account

When you register, forMarketer will ask you to provide certain contact and personal details. forMarketer will explicitly indicate the fields that are mandatory to complete. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair forMarketer’s ability to provide you with the Service.

To login, you must provide your email address and password. forMarketer may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Service. You will maintain your login details in absolute confidentiality. Make sure that you change your password at least once every six months. You will immediately notify to forMarketer of any potential or actual misuse, unauthorized use, of your account.

If your subscription terms expressly allow for termination at will, you may terminate your account through your account page, or by contacting forMarketer via email at: https://www.formarketer.com/contact. If your subscription is based on a renewable fixed period, you may elect not to renew your subscription by sending forMarketer the applicable prior notice. forMarketer may require you to verify your identity by sending forMarketer additional information, as a condition for terminating your account. Following the termination of your account, you may no longer be able to access the Service. You are not entitled to refund upon termination of these Terms.

Notwithstanding any remedies that may be available to forMarketer under any applicable law, forMarketer may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove your content and take technical and legal measures to keep you off the Service without refund, if forMarketer determines in its sole discretion that you: (i) abused your rights to use the Service; (ii) breached the Terms; (iii) violated any applicable law, rule, or regulation; and/or (iv) performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Service.

Acceptable Use of the Service

When using the Service, you will abide by the applicable laws, rules and regulations, and by any usage guidelines forMarketer may convey to you from time to time.

You may not access or use the Service for any illegal or abusive purposes, or to develop or create a similar or competitive product or service to the Service. You will be responsible for all acts and omissions associated with your access and use of the Service and the access and use of the Service by employees, agents, contractors, end-users and any other third party who may access or use the Service on your behalf, or at your permission (“Authorized Users“).

You may allow your Authorized Users to upload, store, administrate, edit, deliver, make available and distribute content (“Contributed Content“), subject to any content upload technical and safety guidelines and limitations which will be conveyed to you through your account dashboard, and amended from time to time. forMarketer may, but is under no duty to, review all Contributed Content and remove or block access to such content, as more fully described below.

Any use of your account is subject to your sole responsibility. You will not, and be responsible that your Authorized Users will not, access and use the Service (including as to upload or transmit any Contributed Content) for any illegal, harmful, fraudulent, offensive purpose or to transmit, store, display, distribute or otherwise make available content that is infringing upon any third party rights, illegal, harmful, supportive of or promoting violence or violent extremism, advocating hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment, indecent, obscene, defamatory, libelous, harassing, threatening, fraudulent, offensive, enables online gambling or inconsistent with the generally accepted practices of the Internet community, including without limitation promoting or facilitating pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, spamming, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming, and use of content or technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms or time bombs.

Privacy and Data Protection

forMarketer provides the Service subject to forMarketer’s privacy policy and data protection rules, located at https://www.formarketer.com/privacy-policy.

Content Removal

forMarketer respects the copyrights of its users and any other person. If you believe that your copyrights are abused on the Service, please send us a written notification in accordance with the provisions specified at: https://www.formarketer.com/dmca (‚ÄúDMCA Notice‚ÄĚ). forMarketer will act in accordance with the forMarketer DMCA Copyright Policy (https://www.formarketer.com/dmca) in any Contributed Content that is alleged to infringe the copyright of any third party.

forMarketer may report any Contributed Content and share user identifiable information, if forMarketer believes, in its sole discretion that such content is illegal or abusive or may violate any third party rights.

forMarketer respects the rights of its users and any other person. If you believe that any of your rights, other than copyrights, are abused on the Service, please contact forMarketer at: https://www.formarketer.com/contact. forMarketer may ask you to provide additional information to process your complaint. forMarketer will make reasonable efforts to review your complaint and respond promptly. forMarketer will not respond to anonymous complaints.

forMarketer may remove any Contributed Content if forMarketer believes, in its sole discretion, or receives a notice, other than a DMCA Notice, from a third party, that such content may violate any third party rights. Prior to removing the said content, forMarketer will block access to it and provide you a 48 hours prior notice before removing the said content without maintaining any backup copy.

Service Fees

forMarketer offers some of its plans free of charge.

forMarketer also offers fee-based plans. You may use them subject to purchasing one of the Service’s plans, as listed in forMarketer’s website at: https://www.formarketer.com/pricing. From time to time, forMarketer may change the Service fees, upon reasonable prior notice that forMarketer will post on its website or send you by email.

You may pay the fees by using the methods of payments as available, published and updated from time to time on the Service. Fees will be regarded as paid only after your payment has been confirmed. The Service will be available to you promptly after you have paid the Service fees. You acknowledge that fees are not refundable.

Payments will include applicable taxes. You will pay all fees and taxes in a timely manner and in compliance with forMarketer’s pricing schedule and you will reimburse forMarketer for any interest and collection costs resulting from overdue payments.

forMarketer will make its best efforts to have a transaction processed accurately and expeditiously and reimburse you for any excess payment that you were mistakenly charged with. However, forMarketer will not be liable for mistakes, errors, malfunctions and miscalculations made by the payment service providers.

Upon failure to make any payment, and following a seven (7) days prior notice of due payments sent to you, forMarketer may remove, disable or terminate your account. You waive any and all claims against forMarketer and anyone on forMarketer’s behalf in connection therewith.

If you acquire our Service from an authorized distributor or reseller and not directly from us, your fee obligations will be instead to such distributor or reseller, in which case we will provide you with the Service subject to: (i) your compliance with such fee obligations towards such distributor or reseller, (ii) your agreement with such distributor or reseller being in effect, and (iii) such distributor or reseller being in compliance with its obligations to us. Unless agreed by us separately and directly in writing towards you or such distributor or reseller, none of the terms of any agreement that you may have with such distributor or reseller will derogate from our rights and your obligations under these Terms.

Service Level Agreement (SLA)

‚ÄúUptime‚ÄĚ means the percentage of time in a subscription month that forMarketer‚Äôs management console and forMarketer‚Äôs API services are available for access, as measured by forMarketer.

forMarketer strives for a 100% Uptime. If Uptime falls below 99.9% in a given subscription month, forMarketer will offer an extension of your forMarketer plan (‚ÄúService Extension‚ÄĚ) of 5 days.

A Service Extension will not be awarded in the following circumstances: (a) circumstances beyond forMarketer reasonable control, including but not limited to war, terrorism, labor disturbance, interruption of telecommunications, failure of third party software or services, or acts of God; (b) network issues outside of forMarketer’s control, including DNS and connectivity problems; (c) errors in forMarketer’s uptime measurement system; (d) acts or omissions by Authorized Users; (e) downtime that has been advised to you 72 hours in advance; (f) downtime resulting from individual periods of non-availability lasting less than five (5) minutes; (g) suspension or termination of your right to use the Service in accordance with these Terms; or (h) accounts using forMarketer’s free plan/s;

To receive a Service Extension, you must submit a request by sending an e-mail message to: support@formarketer.com within 10 days of becoming eligible to receive it. The request must include supporting documentation, such as log files showing the non-availability of the Service.

This SLA is your sole and exclusive remedy for any failure by forMarketer to provide the Service.

Intellectual Property

Except for your Contributed Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to forMarketer Ltd. Unless as expressly provided herein, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without forMarketer’s prior, express written authorization.

forMarketer does not claim ownership over Contributed Content. However, you grant forMarketer permission to use your Contributed Content, for the purposes of providing, developing and supporting the Service. You grant forMarketer permission to use your Company name and logo in forMarketer website and any forMarketer issued publications. If you wish to decline forMarketer’s use of your name and logo, please contact forMarketer at: support@formarketer.com. You acknowledge that forMarketer may adjust and modify Contributed Content, per your requests.

Confidentiality

‚ÄúConfidential Information‚ÄĚ means any information furnished or made available by one party to the other, that is identified as ‚Äúconfidential‚ÄĚ or ‚Äúproprietary,‚ÄĚ either by legend on written or electronically stored material, or which ought reasonably to be recognized as confidential or proprietary by virtue of its nature or the circumstances of its disclosure. The foregoing will not be considered as Confidential Information of a party: (a) information already known to the other party without an obligation of confidentiality, (b) information that is or becomes publicly known other than through a breach by a party of these confidentiality provisions, or (c) information that is independently developed by the other party.

Each of forMarketer and you will maintain strict confidentiality of the other’s Confidential Information and will not use, disclose or have such Confidential Information disclosed, directly or indirectly to any third party, except as specifically required to provide or receive the Service, or subject to the other party’s prior permission. Each of you and forMarketer will take precautions to maintain the confidentiality of the other party’s Confidential Information with the same degree of care as to its own Confidential Information, but in no case less than reasonable care. Upon termination of these Terms, either party will use commercially reasonable efforts to delete all copies of the other’s Confidential Information that is stored on its system or in its possession, except for retaining data for legitimate business purposes or as required under applicable laws, including under tax related requirements, account settling, record keeping, archiving and legal issues.

If a party is compelled by law to disclose the other party’s confidential information, then such party will provide the other party a prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the other party’s cost, if the other party wishes to contest the disclosure.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE ‚ÄúAS IS‚ÄĚ, WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMARKETER AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY FORMARKETER AND ITS AFFILIATES’ EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, WILL BE DEEMED TO BE A WARRANTY BY FORMARKETER OR ITS AFFILIATES FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF FORMARKETER OR ITS AFFILIATES WHATSOEVER.

Limitation of Liability

FORMARKETER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, COSTS, EXPENSES AND PAYMENTS OR FOR ANY LOSS OF PROFIT OR LOSS OF DATA, EITHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT (INCLUDING PRE-CONTRACTUAL STATEMENTS), STRICT LIABILITY, STATUTORY LIABILITY OR IN ANY OTHER CAUSE OF ACTION, ARISING FROM, OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER OR NOT FORMARKETER OR ANY SUCH AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.

FORMARKETER AND ITS AFFILIATES’ AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING UNDER THESE TERMS OR OR IN CONNECTION WITH THE SERVICE, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING PRE-CONTRACTUAL STATEMENTS), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER CAUSE OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY FORMARKETER FROM YOU DURING THE TWELVE (12) MONTHS BEFORE THE OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH LIABILITY.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, FORMARKETER WILL NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY WHICH MAY NOT BE LIMITED UNDER APPLICABLE LAW.

Indemnification

You will indemnify, defend and hold harmless, forMarketer, forMarketer’s affiliates and forMarketer and forMarketer affiliates’ employees, directors, shareholders, advisors or anyone acting on forMarketer’s behalf with respect of any claim, demand, damage, loss, loss of profit, payment or expense, including reasonable attorney fees forMarketer incur in connection with an alleged or actual breach of these Terms or an alleged or actual unlawful or tortuous action or inaction with respect to the Service by you or by anyone on your behalf. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.

Governing Law and Jurisdiction

These Terms, the Service or any dispute arising out of or related thereto, will be governed solely by: (i) the laws of the State of Spain or, (ii) if the forMarketer affiliate with which you (or the distributor or seller from whom you acquired the Service) contracted is forMarketer Inc. a Delaware corporation, the laws of the State of California, USA, in each case, regardless of your country of origin or where you access the Service, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the State of Spain, or California, as applicable.

The competent courts in: (i) the Valencia district in Spain or, (ii) if the forMarketer affiliate with which you (or the distributor or seller from whom you acquired the Service) contracted is forMarketer Inc. a Delaware corporation, the Santa Clara County in California, USA, will have sole and exclusive jurisdiction over any claim in connection with the Service and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the exclusive jurisdiction of the above mentioned courts, agree to accept service of process by any means permitted by the applicable law and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

General

These Terms along with the Privacy Policy specified at https://www.formarketer.com/privacy-policy  and the DMCA Copyright Policy specified at: https://www.formarketer.com/dmca constitute the entire agreement between you and forMarketer with respect to the access and use of the Service and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Service, except that if you have separately entered with forMarketer into an online or written agreement or subscription form that incorporates by reference these Term, any terms of such agreement or subscription form that add to, conflict with or change, these Terms shall prevail.

No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and signed by the party whose waiver is made.

You may not assign your rights and obligations under these Terms without forMarketer’s prior written consent and any assignment without such prior written consent will be void. forMarketer may freely assign its rights and obligations herein. Subject to any provisions herein with regard to assignment, all covenants and agreements herein shall bind and inure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.

Contact Us

You may contact forMarketer with any question about the Service, through the contact form at: https://www.formarketer.com/contact forMarketer will make efforts to address your inquiry promptly.

Last updated: November 11, 2021.

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