Thanks for using Epic Form Builder.
Please read these Terms carefully. By using Epic Form Builder, you’re agreeing to these Terms, which will result in a legal agreement between you and Epic Form Builder (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. Epic Form Builder (“Epic Form Builder,” “we,” or “us”) is an online data collection form building platform (the “Service”) offered through the URL www.epicformbuilder.com (we’ll refer to it as the “Website”) that allows you to, among other things, create and manage certain data collection forms. Epic Form Builder is a Scottish limited liability company whose legal name is EPIC SOLUTIONS Limited d/b/a Epic Form Builder. Epic Form Builder has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Creator” according to this Agreement (or “you”).
Some features of the Service may be offered as add-ons to your Epic Form Builder account (“Add-ons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (“Additional Terms”). Additional Terms for Add-ons can be found on the Website at Additional Terms, and Creators must agree to the applicable Additional Terms at the time they choose to add the corresponding Add-on.
If you have any questions about our Terms, feel free to contact us at firstname.lastname@example.org.
In order to use the Service, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the registration process;
3. agree to these Terms;
4. provide true, complete, and up-to-date contact and billing information, if applicable;
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Epic Form Builder may refuse service, close accounts of any users, and change eligibility requirements at any time.
When you sign up for the Service and agree to these Terms, the Agreement between you and Epic Form Builder is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Epic Form Builder account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Installing our application on your website, or using our add-ons means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
You or Epic Form Builder may terminate the Agreement at any time and for any reason by terminating your Epic Form Builder account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your data collection forms and all the submissions collected.
You’re responsible for keeping your account credentials confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Epic Form Builder is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked credentials that are caused by or result from your negligence. We don’t have access to your current credentials, and for security reasons, we may only provide you with instructions on how to reset your credentials. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of Epic Form Builder.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling credentials and data collection capabilities, to protect the security and privacy of the data held within the account.
When you sign up for a Monthly Plan, you agree to recurring billing.
If you are Wix.com user and use Epic Form Builder as part of your Wix.com website, in this case Wix.com billing terms should apply.
When you sign up for a Annual Plan, you agree to recurring billing.
If you are Wix.com user and use Epic Form Builder as part of your Wix.com website, in this case Wix.com billing terms should apply.
We’ll give you a refund for a prepaid month if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a Creator requests one.
If you are Wix.com user and use Epic Form Builder as part of your Wix.com website in this case all refunds are controlled by Wix.com and you should contact them regarding a refund.
If you use an Add-on that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the Add-on is active.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.
You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
We may view, copy, and internally distribute Content from your data collection forms and account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these Tools to find Creators who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Creators and their contacts.
By agreeing to these Terms, you promise to follow these rules:
1. You won’t send spam! We mean “spam” as it is defined on the Spamhaus website.
2. You’ll comply with our Acceptable Use Policy, which forms part of these Terms.
Epic Form Builder doesn’t allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you collect or distribute any Content that we determine, in our sole discretion, contains either of the following:
A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
If you think anyone is violating any of these Terms, please notify us immediately at email@example.com
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”) or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities or other laws that apply to commerce.
If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or collect data through the Service from anyone located in the EEA (each such Creator an “EEA Creator”) you represent and warrant to Epic Form Builder that:
2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Epic Form Builder and to enable such data to be lawfully collected, processed, and shared by Epic Form Builder for the purposes of providing the Service or as otherwise directed by you.
3. You will comply with all laws and regulations applicable to the data collection forms made through the Service, including those relating to (a) acquiring consents (where required) to lawfully collect Submissions, (b) the fields of data collection forms, and (c) your data collection forms deployment practices.
4. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Epic Form Builder to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of respondents and end users of the Service in accordance with and as described in the Cookie Statement.
In addition, if you are an EEA Creator, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 18.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.
To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Creators use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Creators.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
The State of Scotland’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state courts, and each party will be subject to the jurisdiction of those courts.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Because we have so many Creators, we can’t change these Terms for any one Creator or group.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
In the event of a security breach that may affect you or anyone of your Respondents, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your lists of Respondents, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Epic Form Builder, 10 Colinton Road, Edinburgh, EH10 4DT, or any addresses as we may later post on the Website.
The Agreement and any Additional Terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.
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Thanks for taking the time to learn about Epic Form Builder’s policies.