END USER ACCESS TERMS SUBSCRIPTION SERVICES
BY ACCESSING OR USING ANY PART OF THE SERVICES (AS DEFINED BELOW), YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THESE END USER ACCESS TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS DETAILED BELOW, YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICES.
In connection with your access to the patented Form Engine SaaS application for digitizing forms, documents and other business assets, and the digitized assets available through this application (collectively the “Services”), you agree that you will use the Services in compliance with these End User Access Terms. Your rights to access the Services may be immediately revoked in the event of your breach of any of the provisions contained herein. You acknowledge that the Services are owned by Advantage Integrated Solutions, Inc. (“AIS”) and/or its third-party providers and they shall retain all right, title and interest in and to such Services.
Grant of Access and Usage Rights. AIS hereby grants to you a non-exclusive, non-transferable license to use the Services. AIS reserves the right, in its sole discretion, to introduce new functionality into the Services from time to time or to cease offering the Services. You shall be solely responsible for procuring and maintaining the necessary hardware and software for accessing and utilizing the Services. The digitized online forms that you create through use of the Services shall be referred to herein as the “Forms”. You have the right to use the Forms for so long as you are subscribing to the Services through AIS. The Forms are only available within the Services and only for so long as you retain a subscription to the Services. Upon termination of your subscription to the Services, all access to the Forms shall be suspended. Forms are not transferable outside of the AIS system within which the Services are made available.
You will not, nor, to the best of your knowledge, shall you permit any other party to: disassemble, decompile, decrypt, or reverse engineer, or in any way attempt to discover or reproduce source code for any part of the Services; adapt, copy, modify, or prepare derivative works or inventions based on the Services, use the Services to create any computer program, or by any means sell, transform, translate, assign, pledge, mortgage, encumber, or otherwise dispose of the Services or any of the rights or obligations granted or imposed on you hereunder. You agree that you will not use the Services to violate the rights of any third party. You acknowledge and agree that AIS, in its sole discretion, may suspend or terminate your account and/or deny you access to all or part of the Services, without prior notice including if you engage in any conduct that AIS believes: (a) violates the letter or spirit of any term or provision of the Terms of Service (b) violates the rights of AIS or third parties, or (c) is otherwise inappropriate for continued access and use of the Services.
Each party who accesses and uses the Services shall keep in confidence any AIS trade secrets, know-how, software, product and technology-related information, customer lists, financial information, sales, marketing and business plans, source code, product roadmap and cost and pricing data, whether or not so marked or identified as confidential or proprietary ("Confidential Information").
All rights, title and interest in and to the Confidential Information shall remain vested in the party disclosing the Confidential Information ("Disclosing Party"). No rights are granted to the party receiving the Confidential Information ("Receiving Party") by license or otherwise, express or implied, to any trademark, trade secret, copyright, invention, discovery, or to any patent covering the invention or discovery, or any other intellectual property right, nor is the Receiving Party granted any rights in or to the Disclosing Party’s Confidential information, except the limited right to review the Confidential Information solely in performance under these Terms of Service. All rights relating to the Confidential Information that are not expressly granted to the Receiving Party are reserved and retained by the Disclosing Party. ALL CONFIDENTIALINFORMATION IS PROVIDED ON AN "AS IS" BASIS, AND ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FORA PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, AREDISCLAIMED.
All data that you input through this SaaS application in connection with your use of the Services is at your own risk. For data security purposes note that your data and the pdf documents that you create, view, or export are not stored in this application or anywhere else within the AIS system through which the Services are made available. The application only keeps blank form templates as background images, which are only accessible and usable through your use of the Services. You shall be solely responsible for the quality and accuracy of all data and other input you provide through this application. AIS shall have no responsibility or liability for any such data and you assume full responsibility for the data provided or transmitted by means of the Services and the use of such data. You understand that the Form Engine SaaS application is not a database or repository for your data or documents; it is only a tool to help you create online forms to work with your data and produce your documents. As between you and AIS, you shall own all right, title and interest in and to all data that you provide through this application and such data shall be treated as your confidential information.
You agree to pay any applicable fees for the Services plan(s) you have subscribed to. AIS reserves the right to change fees for the Services at any time, at its discretion, with at least 30 days’ notice prior to renewal. Any increase in fees shall take effect on the renewal of your then-current subscription term. If you exceed the transaction limits in you plan during the subscription term, AIS reserves the right to invoice you for such overage or elevate your subscription level that right sizes your subscription plan, at the then current pricing.
Descriptions for certain products are available at www.quickbase.com/product-descriptions.
The agreement (the "Agreement") between the parties consists of an Order Form or Subscription Agreement, this Terms of Service and the Quickbase terms of service, as applicable, set forth at http://www.quickbase.com/terms-of-service as this may be updated from time to time. If there is a conflict between the AIS and the Quickbase terms of service, the AIS ones will take precedence.
Modifications to the Services or Agreements. AIS reserves the right at any time and from time to time to modify the Services (or any part thereof) or any related service or offering with or without notice.
COMPLIANCE WITH LAWS. you will comply with all applicable laws and regulations relating to use of the Services and data entered into FORMS CREATED UTILIZING THE services. your obligations under this Section include, without limitation, the obligation to comply with laws and regulations applicable to the privacy of data handled by you.
DISCLAIMER OF WARRANTIES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER AIS, NOR ITS THIRD PARTY PROVIDERS, MAKE ANY WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, COURSE OF DEALING OR TRADE OR FITNESS FOR ANY PARTICULAR PURPOSE. AIS AND ITS PROVIDERS MAKE NO WARRANTY WITH REGARD TO THE RELIABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES NOR DO THEY MAKE ANY WARRANTIES THAT ALL ERRORS CAN BE OR WILL BE CORRECTED OR THAT THE SERVICES WILL OPERATE WITHOUT ERROR.
LIMITATION OF LIABILITY. IN NO EVENT SHALL AIS or its third party providers BE LIABLE FOR any direct, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, USE, OR INFORMATION in connection with your use of the services.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Indemnification. You agree to indemnify and hold AIS, its directors, officers and employees, representatives and agents harmless from and against any and all claims, losses, liability, damages, costs, and expenses (including attorneys’ fees and court costs) arising out of your breach of these End User Access Terms, to the extent allowed by law.
Registration, User Codes and Subscription to Services. Online registration to use the Services on a free trial or paid subscription basis is available at https://quickbase.formengine.com/#!/login. After registration, access to the Services is granted at the same website (“Site”), by an email and password (collectively referred to as “User Codes”) that are each user’s valid login credentials to a Quick Base Realm. Your registration information plus your valid User Codes grant you use of the Services for the Quick Base Realm or Realms for which you wish to use the Services. A user’s access to use the Services for a Quick Base realm is solely controlled by the user’s Quick Base permissions. All users of Services for a Realm will have equal access to Forms in that Realm. A user may use the Services with a single registration for multiple Quick Base Realms, and multiple users may use the Services for the same Quick Base Realm. A subscription for the Services is defined as all the use of the Services for a single realm, or, where multiple realms are involved, all the use of multiple realms by a single company or organization. The User Codes are valid Quick Base credentials, which AIS does not have access to, store, or have any obligation for. They are intended for individual use only. You are responsible for maintaining the confidentiality of the User Codes and for establishing sufficient policies and controls and taking such actions to protect against disclosure of your User Codes. You are responsible for all acts or omissions that relate to your user account while access to the Services is obtained using your User Codes, regardless of whether you authorized such use. You are responsible for any damages, losses, costs, or breaches of security incurred or caused by your failure to maintain the confidentiality of your User Codes. You agree to IMMEDIATELY notify AIS if you become aware or suspect that your User Codes have been lost, stolen, or compromised in any way, or if you become aware of possible or actual unauthorized use of the Services.
NO ASSIGNMENT. YOU MAY NOT MAY NOT ASSIGN OR TRANSFER YOUR RIGHTS OR OBLIGATIONS GRANTED HEREUNDER TO ANY OTHER PERSON OR ENTITY.
Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by either party shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
Choice of Law and Jurisdiction. The construction, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to any conflicts of law principles that would require the application of the laws of any other jurisdiction. The application of the U.N. Convention on Contracts for the International Sale of Goods is specifically excluded from this Agreement.