Terms of Use

Your FormBeat Account

If you create an account on the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account.

You must immediately notify FormBeat of any unauthorized uses of your account or any other breaches of security. FormBeat will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

User Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. If you post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

Without limiting any of those representations or warranties, FormBeat has the right (though not the obligation) to, in FormBeat’s sole discretion (i) refuse or remove any content that, in FormBeat’s reasonable opinion, violates any FormBeat policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in FormBeat’s sole discretion. FormBeat will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Services Visitors

FormBeat has not reviewed, and cannot review, all of the material, including computer software, posted through the Services, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FormBeat disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.

Content Posted on Other Servicess

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FormBeat links, and that link to FormBeat. FormBeat does not have any control over those non-FormBeat websites and webpages, and is not responsible for their contents or their use. By linking to a non-FormBeat website or webpage, FormBeat does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FormBeat disclaims any responsibility for any harm resulting from your use of non-FormBeat websites and webpages.

Intellectual Property

This Agreement does not transfer from FormBeat to you any FormBeat or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FormBeat. FormBeat, its logo, and all other trademarks, service marks, graphics and logos used in connection with FormBeat, or the Services are trademarks or registered trademarks of FormBeat or FormBeat's licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any FormBeat or third-party trademarks.

Changes

FormBeat reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. FormBeat may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

FormBeat may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FormBeat account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Services is provided "as is". FormBeat and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FormBeat nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.

Limitation of Liability

In no event will FormBeat, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FormBeat under this agreement during the twelve (12) month period prior to the cause of action. FormBeat shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Services will be in strict accordance with the FormBeat Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless FormBeat, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between FormBeat and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FormBeat, or by the posting by FormBeat of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FormBeat may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Health and Fitness Disclaimer

The information provided by FormBeat is for educational purposes only and is not medical advice. Consult your physician before beginning any exercise program. You acknowledge that physical exercise carries inherent risks and you assume all such risks. FormBeat assumes no responsibility for injuries or health problems resulting from use of our Services and makes no guarantees regarding training outcomes.

Outside links

FormBeat has no responsibility for the contents of the linked websites and links should not be taken as endorsements or recommendations of any kind.

Refund Policy

All purchases of Services are final, and no refunds will be granted, except in exceptional circumstances. If a user has mistakenly upgraded to a premium subscription plan and has not utilized any features, they may be eligible for a refund. Additionally, in the unlikely event that the Services are non-functional or inaccessible due to reasons within our control, a refund may be issued upon request. To request a refund, users must submit a written refund request via email to [email protected] within 7 days of the purchase or outage incident, providing the necessary details and evidence for review. FormBeat reserves the right to exercise discretion in granting or denying refund requests.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.

Contact Information

If you have any questions, concerns, or comments about these Terms or the Services, please contact us at [email protected]