UPDATED: April 30, 2023
THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN ESZMELETLEN HOLDING CO. AND USERS. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN ESZMELETLEN AND USERS FOR SERVICES THROUGH PLATFORM https://makeforms.io. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THESE TERMS AND CONDITIONS SHALL PREVAIL UNLESS AND UNTIL FURTHER MODIFICATIONS ARE NOTIFIED BY ESZMELETLEN.
You are required to provide personal details while registering on the Platform. You will be required to provide information including but not limited to full name, address, email ID, gender, mobile number, birth date, Company name, educational qualification, association/affiliation with any hospital, clinic or dispensary, details of such association/affiliation with any hospital, clinic or dispensary, expertise in particular medical field etc.
You agree that at the time of registration, the information provided by You shall always be accurate, correct and complete. You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Platform, and You shall promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You. You shall provide any additional information as required by the Platform from time -to- time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.
Users who want to create forms with advanced features, like SMS notifications, multi-language forms, conditional logic rules, field validation, and more, are required to upgrade to paid plans. The fees for these plans are handled by our Merchant on Record, Paddle. If the subscription payment fails (expired credit card, insufficient money, etc.), You have 15 days to solve the problem; otherwise, the account will be downgraded to Free membership. Yearly subscription renewal follows an automated process that starts two weeks in advance of your subscription due date. Thus, You might see a charge on your credit card statement anytime between that moment and your due date. Your paid membership will be counted starting with the due date, no matter when the payment charge takes place. Platform reserves the right to change pricing levels and to establish new charges at any time. We will give notice of any pricing changes on the Platform and by email. Monthly paying users will continue to pay the old price for at least 6 (six) months, while yearly paying users will stay at the same rate for at least 1 (one) year. After that, the new pricing levels will go into effect. All Your subscriptions will automatically renew for periods equal to your initial subscription term. You will be charged at our current rates, 14 (fourteen) days before the end of Your initial subscription term unless You cancel Your subscription by logging into Your account. For enterprise clients, unless specified otherwise in the client contract, payment of invoices must be made within 30 (thirty) calendar days from the date of invoice. Otherwise, late payment fees will apply.
Changing payment details updates the subscription date. If, for example, you have a paid monthly subscription that is charged on the 15th (fifteenth) of every month and you upgrade to a higher plan on January 30, we will prorate your remaining amount.
Accounts may be limited for the reasons listed below. Once the issue is solved, users will have access to all complete form submissions:
Payment problems: If there is a payment problem with Your account, You will have 7 (seven) days to resolve the problem. After that, You will have limited access to Your account and your account will be scheduled for a downgrade to the Free plan after 15 (fifteen) days. While Your account is limited, You will be able to access your account and forms, but You will receive incomplete submissions and you will not be able to access Your form settings and submissions. Usually updating your credit card information will resolve the problem or You can contact us to solve the issue. If You solve the payment problem within 15 (fifteen) days, the account limitation will automatically be removed, and Your account will no longer be subject to a downgrade.
Too many submissions: Your MakeForms account comes with a submission quote. If you received more submission than the quota, Your submissions will be locked. Once you upgrade the account to a plan that allows higher submissions, You will be able to unlock the locked submissions.
Missing backlink: If You are on the free plan and remove the backlink to MakeForms from your forms, you will receive warning messages. If You don’t add the link back to your forms, Your account will be suspended. Insert the backlink in Your forms or upgrade to a paid plan to resolve this issue.
Phishing: Forms and accounts used for phishing purposes are suspended. owners will not be able to log in and forms will not be functional. There is no way to restore these accounts.
Free accounts: If You use the Free service plan, you are required to keep a backlink to Makeforms.io below your web form. We reserve the right to remove or block any account that does not comply with our Terms . Repeated usage of our contact forms by Free users who remove the link to our site may lead to messages not being delivered until the account is upgraded to a paid plan. Free accounts are subject to several limitations that might vary depending on our strategy. It is forbidden for users to create more than one account to avoid limitations. We reserve the right to disable or delete duplicate accounts.
When signed up for a paid monthly or yearly plan, You are charged automatically on a monthly or yearly basis using the payment source you have provided. If You do not want to use the paid service anymore, You need to cancel your subscription (from the section Settings). The recurring payment terminates only when You downgrade the subscription Free plan, and You can continue to use it, but will need to comply with the limitations of this service plan.
Platform does not issue refunds for subscriptions canceled before the contracted period ends. This means that if You cancel a subscription on September 5, but Your prepaid period ends on October 2, You will still have access to features associated with your paid plan until October 2. Please take into consideration that both plans (yearly and monthly) are recurring. If You wish to unsubscribe, You should do so before your prepaid period ends (term end). Past subscription fees won’t be refunded. Invoices and payments for the enterprise service plan cannot be canceled or refunded. They are preceded by a comprehensive sales process that requires dedicated resources and ensures an informed decision.
Any complaints regarding Services will be resolved through email between You and the Platform as the case may be. You shall email us on [email protected]. in order to register Your complaint.
Platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) available on the Platform with or without notice. Further, the Platform reserves the right to change these Terms at any time. The Platform will provide a notification or pop up in case of any changes in Terms and any other Policy. You are responsible for regularly reviewing the Terms. Continued use of the Platform after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms, any policy or practice of ours in operating the Platform or any Content available through the Platform, is to exercise discontinuation of usage of Platform.
We follow ethical business practices and intend to provide the content, which is authorized, relevant and applicable and does not infringe any third party’s rights.
You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, photographs, other images that is shared by Users or any other content provider (collectively, the “Content”) which You may have access to as part of the Platform, or through Your use of this Platform.
Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. You understand that by using this Platform , You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Platform on [email protected] After registering the complaint, Platform will take appropriate legal actions against such incidence including removal of such Content.
You represent, warrant, and agree that no content or details shared by You with Platform (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use Your Content and details including but not limited to trademarks, service marks, logos etc. submitted by You. You also grant us the right (i) to display Your Content and details on the Platform (ii) promote or distribute it for the access of other customers.
You agree that You are solely responsible for Your Content made available by You through the Platform including but not limited to any liabilities arising out of any third-party infringement claims.
We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material.
This Platform may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Platform and Platform is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.
Platform provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platform by Platform. Your link to any such Linked Platform is entirely at Your own risk. Platform is not a party to any transaction between You and a Linked Platform. Your use of a Linked Platform is subject to the terms and conditions of that site.
The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services unless specifically mentioned by us. You are referred to the relevant advertiser for all information regarding the advertisement and its products or services. Platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
Platform may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Person List or Entity List. By using Platform , the User represents and warrants that he/she is not located in any such country or on any such list. User also agrees that he/she will not use Platform for any purposes prohibited by applicable law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
While the Platform and Services are normally available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable at any time. Access to the Platform may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond our control. Major maintenance windows will be in advance announced by Platform technical teams in order to allow you to coordinate the usage. Our Services are hosted by multiple service providers, which offer stable and scalable hosting services with high availability and responsive support. Our site uses servers in multiple data centers located across the United States and EU. You can select the location at the time of creating an account. However, if you wish to move Your account from one region to another, You may reach out to Platform customer support. We have the latest security packages installed and we upgrade the server when necessary. Still, the possibility exists for temporary downtimes independent of our control, as for any other Platform. This happens very rarely and, when it happens, we do our best to solve the problem as soon as possible. To minimize latency, please reach out to Customer Support if you expect a large burst of submissions or a submission rate greater than 5000 submissions per day. We will take precautionary measures to prevent any latency. However, we are not responsible for any data loss that might occur when the server is not accessible. If you have a commercial website, we cannot be held responsible for the data loss; the best we can offer you is a partial or full refund of the money paid to us for the month when the server issue occurred.
You agree not to engage in any of the following activities:
(a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, or
(b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
WE MAY OCCASIONALLY FOR BRIEF PERIODS SUSPEND THE OPERATIONS OF THE PLATFORM FOR MAINTENANCE, UPDATES OR SUPPORT WORK AS WE MAY DEEM APPROPRIATE. WE ARE NOT LIABLE FOR ANY INCONVENIENCE, LOSS OR DAMAGES THAT MAY BE CAUSED TO YOU DURING SUCH PERIODS OF SUSPENSION. WE SHALL NOT BE OR RESPONSIBLE FOR ANY-
IN CASE ANY MEDICAL INFORMATION IS PROVIDED AND TRANSMITTED THROUGH THIS PLATFORM , THEN IT IS UNDERSTOOD THAT PLATFORM IS MERELY A FACILITATOR OF SUCH INFORMATION. THIS PLATFORM DOES NOT CREATE ANY RELATIONSHIP BETWEEN PLATFORM AND USER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL KEEP YOURSELF UPDATED AND YOU WILL ADHERE TO APPLICABLE LAWS AND GUIDELINES IN ORDER PERFORM YOUR OBLIGATIONS UNDER THESE TERMS.
In no event shall Eszmeletlen, its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Eszmeletlen has been advised of the possibility of such damages), resulting from any aspect of Your use of the Platform, including without limitation whether the damages arise from use or misuse of the Platform, from inability to use the Platform, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of Services or rendered through or advertised in connection with the Platform or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or any links on the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Eszmeletlen shall not be liable for user details or content or defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with You.
Eszmeletlen is in no way responsible for any damages whether direct, consequential, incidental, or otherwise, suffered by the customer.
In any event, the total aggregate liability of the Platform to You under any applicable law whatsoever for all loss or damage arising out of access to the Platform shall be limited to the amount of Services availed by You on the Platform.
The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by Us. The Platform respects copyright, and we prohibit Users from using the Content for professional gain, commercial purposes or using such content on social media without prior written permission of Eszmeletlen.
If You believe that the Platform contains elements that infringe Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or Services infringes a copyright, You may notify us at [email protected] with the details.
All materials on this Platform including but not limited to audio, images, software, text, icons and such like (the “Platform Content”), are protected by copyright under the copyright laws. You cannot use the Platform Content, except as specified herein. Users are not allowed to use the Platform Content for any purpose other than specifically permitted herein.
If You wish to terminate this Agreement, You may immediately stop accessing or using this Platform. Your right to access and use the Platform terminates automatically upon Your material breach of any of the provision of these Terms. Platform reserves the right to modify or discontinue Your Account at any time for any material breach of the obligations under these Terms.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.