Free trial terms and conditions
Please treat our service as you would like yours to be treated. E.g. don’t do anything illegal or try to disrupt our service.
The trial is for 30 days, after which your account will be terminated. If you need more time to find out just how awesome UX Forms is, that’s fine, just send us an email and let us know.
Don’t use our trial service for running production forms. That’s just not cool.
We provide this trial on a best-effort basis. We may choose to terminate your trial, or remove the service completely, at our discretion at any time. We really don’t think we will, but our lawyer says we should cover our backs anyway.
Agreement for free trial of hosted software services
These terms form a legal agreement between you and UX Forms Limited (reg. no 09615897) 30 Brock Street, London NW1 3FG (us or we) for your use of the online software application UX Forms accessed via https://www.uxforms.com.
IMPORTANT NOTICE TO ALL USERS:
- BY SUBSCRIBING TO THE HOSTED SOFTWARE SERVICES FROM THIS WEBSITE YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU AND YOUR EMPLOYEES.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT SUPPLY THE HOSTED SOFTWARE SERVICES TO YOU AND YOU MUST DISCONTINUE THE SUBSCRIPTION PROCESS NOW.
Application: the online software application UX Forms provided by us as part of the Hosted Services.
Customer Data: the data inputted by you, Form Authors or third parties completing Forms online as part of your use of the Hosted Services.
Documentation: any document made available to you online as part of the Hosted Services which sets out a description of the Application and user instructions.
Form Author Account: an account that you register with us for every Form Author.
Form Authors: your employees, agents and independent contractors who you have authorised to design Forms using the Hosted Services.
Forms: forms designed and created by Form Authors using the Hosted Services.
Hosted Services: a subscription which allows you to access and use the Application and Documentation in order to design and create Forms which we shall make available for online completion and submission via https://www.uxforms.com or any other website notified by us to you from time to time.
2. Use of the hosted services
2.1 We grant you a non-exclusive, non-transferable right to permit Form Authors to use the Hosted Services to design and create Forms during the Term in the United Kingdom solely for your internal business operations.
2.2 We agree to host Forms on our website https://www.uxforms.com and make Forms available for online completion by third parties and submission to you, subject to you maintaining at least one Form Author Account.
2.3 In relation to the Form Authors, you undertake that:
- 2.3.1 you will register a Form Author Account with us for each Form Author;
- 2.3.2 each Form Author shall keep a secure password for their use of the Hosted Services, shall keep such password confidential and comply with any procedures for accessing the Hosted Services which we notify to you or Form Authors; and
- 2.3.3 you shall maintain a written, up to date list of current Form Authors and provide such list to us within 7 days of our written request at any time.
2.4 You agree not to distribute or transmit through the Hosted Services any viruses, worms, trojan horses or other devices which may impair or adversely affect the operation of any software.
2.5 You agree not to use the Hosted Services to access, store, distribute or transmit any material that:
- 2.5.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- 2.5.2 facilitates illegal activity;
- 2.5.3 depicts sexually explicit images;
- 2.5.4 promotes unlawful violence;
- 2.5.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- 2.5.6 in a manner that is otherwise illegal or causes damage or injury to any person or property; and we reserve the right to disable your access to any material that breaches the provisions of this clause.
2.6 You shall not:
- 2.6.1 use the Hosted Services to create Forms or any other documents in a manner which by-passes the procedures for the completion and submission of Forms online and/or record-keeping mechanisms within the Hosted Services; or
- 2.6.2 except to the extent expressly permitted under this agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Application and/or Documentation (as applicable) by any means; or
- 2.6.3 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Application; or
- 2.6.4 access all or any part of the Hosted Services in order to build a competing product or service; or
- 2.6.5 use the Hosted Services to provide services to third parties; or
- 2.6.6 license, sell, distribute, otherwise commercially exploit or make the Hosted Services available to any third party except the Form Authors; or
- 2.6.7 attempt to obtain, or assist third parties in obtaining, access to the Hosted Services.
2.7 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Hosted Services and, in the event of any such unauthorised access or use, promptly notify us.
2.8 The rights provided under this clause are granted to you only, and shall not be considered granted to any subsidiary or holding company.
3. Service Availability
3.1 We shall use commercially reasonable endeavours to make the Hosted Services available 24 hours a day, seven days a week.
3.2 We reserve the right to suspend the Hosted Services for as long as is reasonably necessary in order to carry out maintenance and/ or provide updates to improve the Hosted Services or to enable compliance with any regulatory change. We shall use reasonable endeavours to minimise the length and impact of any suspension of the Hosted Services.
3.3 Whilst we shall use reasonable endeavours to keep the Hosted Services free of bugs and viruses, you acknowledge that it is your responsibility to use appropriate anti-virus software when accessing and using the Hosted Services.
4. Customer data
4.1 You shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data and its input into the Hosted Services.
4.2 We shall maintain sufficient security measures in order to protect any Customer Data that we hold as part of the Hosted Services against loss or unauthorised use or access and will at all times comply with the terms of the Data Protection Act 1998 in relation to the processing of personal data.
4.3 In the event of any loss or damage to Customer Data, your sole remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by us.
4.4 If we process any personal data on your behalf when performing our obligations under this agreement, you shall be the data controller and we shall be a data processor and in any such case:
- 4.4.1 you shall ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf;
- 4.4.2 you shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and
- 4.4.3 each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
5. Limited warranty
5.1 We warrant that the Hosted Services will perform substantially in accordance with the Documentation during the Term.
5.2 The above warranty shall not apply to the extent of any non-conformance which is caused by use of the Hosted Services contrary to our instructions, or modification or alteration of the Hosted Services by any party other than us.
5.3 If you notify us during the Term of any fault or defect in the Hosted Services, we will use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole remedy for any breach of the warranty.
5.4 We do not warrant that your use of the Hosted Services will be uninterrupted or error-free; or that the Hosted Services or Documentation will meet your requirements.
5.5 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Hosted Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
5.6 We warrant that we have and will maintain all necessary licences, consents, and permissions necessary to provide the Hosted Services.
6. Your obligations
6.1 You agree to:
- 6.1.1 comply with all applicable laws and regulations with respect to your activities under this agreement;
- 6.1.2 acquire and maintain any necessary licences or permissions in relation to third party software which you may use in connection with the Hosted Services;
- 6.1.3 ensure that your network, systems and equipment are in good working order and comply with any relevant specifications provided by us from time to time; and
- 6.1.4 be solely responsible for (1) procuring and maintaining your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures; and (2) all other loss or damage relating to your network connections or telecommunications links or caused by the internet.
6.2 You acknowledge that you are responsible for ensuring that all Form Authors use the Hosted Services in accordance with these terms and conditions and shall be responsible for any breach by a Form Author. You agree to indemnify us against any loss, damage or expense we may incur as a result of:
- 6.2.1 any unauthorised access to, or use or misuse of, the Hosted Services by any Form Author; or
- 6.2.2 any unauthorised access to, or use or misuse of, the Application and/or the Hosted Services by any third party if such access, use or misuse was permitted or facilitated by a Form Author.
7. Fees and payment
7.1 There are no fees for this 30 day free trial.
8. Intellectual property rights
8.1 You acknowledge that all intellectual property rights in the Hosted Services belong to us, that rights in the Application and Documentation are licensed to you, and that you have no rights in, or to, the Application or the Documentation other than the right to use them in accordance with these terms.
8.2 Subject to clause 8.3, we agree to indemnify you against any costs and liabilities that you may incur due to a claim that your use of the Hosted Services infringes the intellectual property rights of a third party, provided that your use of the Hosted Services is in accordance with these terms and:
- 8.2.1 we are given prompt notice of any such claim;
- 8.2.2 you provide reasonable co-operation in the defence and settlement of such claim; and
- 8.2.3 we are given sole authority to defend or settle the claim.
8.3 We shall not be liable to you under this indemnity to the extent that any alleged infringement is based on:
- 8.3.1 a modification of the Hosted Services by anyone other than us; or
- 8.3.2 your use of the Hosted Services in a manner contrary to the instructions given to you by us; or
- 8.3.3 your use of the Hosted Services after you have received notice of any alleged or infringement.
8.4 In the defence or settlement of any claim, we may procure the right for you to continue using the Hosted Services, replace or modify the Hosted Services so that they become non- infringing or, if such remedies are not reasonably available, terminate this agreement on immediate notice.
8.5 You warrant that you own all intellectual property rights in any of your branding (including trade names and logos) or any other materials that you may wish to input into the Hosted Services. You license us to use such branding and materials as is necessary for us to supply the Hosted Services under this agreement.
9. Limitation of liability
9.1 You acknowledge that the Hosted Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions as described in the Documentation meet your requirements.
9.2 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
- 9.2.1 loss of profits, sales, business, or revenue;
- 9.2.2 business interruption;
- 9.2.3 loss of anticipated savings;
- 9.2.4 loss or corruption of data or information;
- 9.2.5 loss of business opportunity, goodwill or reputation; or
- 9.2.6 any indirect or consequential loss or damage.
9.3 Other than the losses set out in clause 9.2 (for which we are not liable), our maximum aggregate liability under or in connection with this agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 100% of the fees paid under this agreement in the previous 12 months. This maximum cap does not apply to condition 9.4.
9.4 Nothing in this agreement shall limit or exclude our liability for:
- 9.4.1 death or personal injury resulting from our negligence;
- 9.4.2 fraud or fraudulent misrepresentation;
- 9.4.3 any other liability that cannot be excluded or limited by English law.
9.5 This agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Hosted Services. Except as expressly stated this agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Hosted Services which might otherwise be implied into, or incorporated in, this agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
10. Term and termination
10.1 This agreement shall commence on the date of subscription and, subject to clause 10.2, shall continue until terminated by either party on 30 days’ written notice.
10.2 We may terminate this agreement immediately by written notice to you if you commit a material or persistent breach of this agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
10.3 On termination of this agreement for any reason:
- 10.3.1 all licences granted under this agreement shall immediately terminate;
- 10.3.2 you must cease using the Hosted Services;
- 10.3.3 we will destroy or otherwise dispose of any of the Customer Data in our possession
- 10.3.4 any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
11. Force majeure
We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that we notify you of such an event and its expected duration.
No variation of this agreement shall be effective unless it is in writing and signed by both parties (or their authorised representatives).
13. No partnership or agency
Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
14. Third party rights
This agreement does not confer any rights on any person or party pursuant to the Contracts (Rights of Third Parties) Act 1999.
15.1 If you wish to contact us in writing, or if any condition in this agreement requires you to give us notice in writing, you can send this to us by e-mail to email@example.com or by pre-paid post to UX Forms Limited, 30 Brock Street, London, NW1 3FG. We will confirm receipt of this by contacting you in writing, normally by e-mail.
15.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in relation to your subscription.
15.3 Any notice will be deemed received immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
16. Other important terms
16.1 We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or obligations under this agreement.
16.2 You may only transfer your rights or your obligations under this agreement to another person if we agree in writing.
16.3 This agreement constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this agreement.
16.4 If we fail to insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.5 Each of the terms of this agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
16.6 This agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.