Terms of Service
Updated: Jan 15, 2024
Welcome to FormPay! By signing up or using our services, you agree to the following Terms of Service.
FormPay Account (“Account”): User account for accessing FormPay Services.
FormPay Services (“Services”): E-commerce solution and related services by FormPay Inc.
FormPay Client (“You”): The party entering an agreement with FormPay. For example, an online store owner or business entity utilizing FormPay services.
Confidential Information: Proprietary or sensitive shared data.
Third Party Services: Apps, products, services, or links recommended or provided by FormPay, including payment processors like Stripe.
2.1 To access and use the Services, you must register for a FormPay account (“Account”).
2.2 To complete your Account registration, you must provide us with your name, a valid email address, and any other information indicated as required.
2.3 We may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
2.4 You confirm eligibility by being at least 18 years old or or old enough to form a binding contract where you live.
3. FormPay Services
3.1 While using FormPay, you acknowledge that our Services are currently in a beta phase. This phase is characterized by ongoing enhancements, testing, and the collection of user feedback to refine and improve our platform. This means that unexpected issues may arise. Although FormPay will make reasonable efforts to address and resolve issues promptly, it is crucial to recognize the beta nature of the Services and the potential impact on your business. We will endeavor to notify you about issues promptly if they are deemed to materially affect your business.
3.2 FormPay may make changes to the Services from time to time.
3.3 FormPay reserves the right to remove or reject products and services, modifying or discontinuing services at its discretion.
4. Client’s Responsibilities
4.1 You are responsible for providing accurate and up-to-date contact information, refund policies, and order fulfillment details on your FormPay store. Failure to comply with these responsibilities may result in actions taken by FormPay, including but not limited to, account suspension or termination.
4.2 You are solely responsible for the content, goods, or services offered and must comply with laws and regulations.
4.3 FormPay is not liable for chargebacks. You must also understand that FormPay is not involved in the decision making of chargeback outcomes.
4.4 You must contact Third Party Services directly regarding payment processing and issues that arise from using their services.
4.5 You are responsible for maintaining the security and confidentiality of your account credentials.
4.6 You are responsible for complying with all applicable laws and regulations while using FormPay's Services.
5. Third Party Services
5.1 You may choose to utilize Third Party Services at your discretion. While FormPay may recommend or, in some cases, necessitate the use of specific Third Party Services to enhance the functionality and features of FormPay Services, it is crucial to understand that the seamless operation of FormPay may be dependent on the integration of these services.
5.2 Some Third Party Services might be integral to the proper functioning of FormPay. These services could include, but are not limited to, payment processors, shipping providers, or other components vital to the core features of FormPay.
5.3 By opting to use Third Party Services on the FormPay platform, you acknowledge that certain services may be essential for FormPay to perform optimally.
5.4 By opting to use Third Party Services on the FormPay platform, you consent to the sharing of your data, including potentially the data of your customers, with those services.
5.5 It is your responsibility to carefully review and comply with the terms and policies of any Third Party Service before integration. FormPay does not provide warranties for Third Party Services, and you are solely responsible for any associated fees and issues arising from their use. FormPay recommends a thorough understanding of the integration requirements and functionalities of such services to ensure the smooth operation of your FormPay account.
6.1 Fees, as outlined on FormPay’s website, are subject to change. FormPay reserves the right to modify our fees for the Services from time to time and will communicate any changes in advance through suitable channels.
6.2 You are responsible for any fees charged by Third Party Services, such as payment processors.
7. Tax Responsibility
You are responsible for any taxes associated with your store's operations. Tax remittance may be required depending on regulations.
8. Refund Policy
FormPay generally does not provide refunds. However, FormPay may, at its discretion, consider refund requests under exceptional circumstances, which shall be evaluated on a case-by-case basis.
9. Privacy and Confidentiality
By signing up for a FormPay Account and providing email and/or phone contact information, you consent to receive messages from FormPay.
11. Term and Termination
11.1 To initiate termination proceedings, please exercise the option to cancel by sending an email to firstname.lastname@example.org. Following termination, you may no longer have access to your account, and it is your responsibility to back up any essential information prior to termination.
11.2 Either party may terminate these Terms of Service and your account at any time.
11.3 No refund is provided upon termination. Any and all outstanding fees owed by you shall become immediately due and payable, and your FormPay store may be deactivated unless otherwise agreed by the Client and FormPay.
11.4 FormPay reserves the right to retain data for a reasonable period post-termination, as necessary for legal or operational purposes. If you delete your account with us, we will delete your information or store your information in an aggregated and anonymized format, unless otherwise agreed on.
13. Limitation of Liability and Indemnification
FormPay shall not be held responsible for any damages or legal actions arising from your non-compliance with the law, violation of these Terms of Service, or infringement upon the rights of any third party. Our Service is provided on an 'as is' and 'as available' basis, and your utilization of our Service constitutes an agreement to indemnify and hold FormPay harmless from any claims, losses, liabilities, or damages resulting from your actions or breaches of these Terms of Service.
14. Intellectual Property and Your Materials
14.1 While you retain ownership of uploaded content, you grant FormPay a non-exclusive, irrevocable, worldwide license to use, reproduce, and display materials for marketing, promotion, and/or providing and improving platform functionality.
14.2 FormPay or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name and artwork of the Service, and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which FormPay or its suppliers own.
FormPay reserves the right to update or change the Terms of Service. Notification of such changes will be provided to you through email or other appropriate communication channels. It is your responsibility to stay informed about any modifications to the Terms of Service. By continuing to use our Services after the effective date of any changes, you signify your acceptance of the revised Terms.
16. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of British Columbia and/or applicable Canadian federal law, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms of Service shall be brought exclusively in the courts of the Province of British Columbia and/or Canada, and the parties consent to the personal jurisdiction of such courts.
17. Dispute Resolution
In the event of a dispute, both parties agree to seek resolution through arbitration in British Columbia, Canada, before pursuing any legal action.
Transfer or assignment of terms is generally not allowed without express written authorization from FormPay. FormPay may, at its discretion, consider requests for authorization under certain circumstances, subject to mutual agreement.
19. Force Majeure
FormPay shall not be liable for any failure or delay in performance under these Terms of Service if such failure or delay is caused by events beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, natural disasters, and similar events.
If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to negotiate in good faith to replace any unenforceable provision with one that comes as close as possible to the original intent.