[Internet Resource Solutions LLC] Application Terms of Service
Effective Date: [January 01, 2025]
By accessing, installing, or using the self-hosted form-building application provided by [Internet Resource Solutions LLC] (referred to as "We," "Us," or "Our"), you (referred to as "User" or "You") agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, you may not access or use the Application.
2.1. The Application: This refers to the specific instance of the form-building software installed and operated by Us on Our own servers or hosting environment (the "Form Software").
2.2. Self-Hosted Nature: You acknowledge and agree that the Application is a self-hosted installation. This means:
a. Data Storage and Control: All data collected through the forms created on this Application, including User-Generated Content (as defined below), is stored on and controlled by Us. We are solely responsible for the security, backup, retention, and handling of all form data and User content.
b. No Involvement from Software Vendor: The original Form Software vendor is not involved in the operation, maintenance, hosting, or data handling of this specific self-hosted Application and bears no liability for your use of this instance.
3.1. Accurate Information: You agree to provide accurate, current, and complete information as requested by any forms on the Application.
3.2. Lawful Use: You agree to use the Application only for lawful purposes and in a manner that does not violate any applicable local, state, national, or international law or regulation.
3.3. Prohibited Content and Use: You shall not use the Application or any forms created within it to:
a. Collect or transmit any content that is illegal, harmful, threatening, abusive, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable.
b. Transmit unsolicited commercial email ("spam").
c. Collect or solicit sensitive personal information (e.g., credit card numbers, social security numbers, medical data, or login credentials) unless all necessary security, legal, and regulatory measures (like HIPAA or PCI DSS compliance) have been implemented and validated by You, for which We assume no responsibility.
d. Upload or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
4.1. Definition: "User-Generated Content" (UGC) means any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials that You submit, post, or display on or through the Application's forms.
4.2. Responsibility: You are solely responsible for your UGC. You represent and warrant that you own or have the necessary rights to all UGC and that the posting and use of your UGC does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any third party.
4.3. License to Us: By submitting UGC, you grant Us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display the UGC solely for the purpose of operating and providing the Application's services to You.
THE APPLICATION IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. ANY RELIANCE ON THE APPLICATION IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [YOUR ORGANIZATION NAME], ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION; (iii) ANY CONTENT OBTAINED FROM THE APPLICATION; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USING THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to defend, indemnify, and hold harmless [Internet Resource Solutions LLC] and its affiliates, officers, directors, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Application; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, privacy right, or right of publicity; or (iv) any claim that your UGC caused damage to a third party.
These Terms shall be governed and construed in accordance with the laws of [Georgia] and the [United States of America], without regard to its conflict of law provisions.