Terms of use
Last modified: September 12, 2020
Effective: September 19, 2020
Last modified: September 12, 2020
Effective: September 19, 2020
Snapforms Service Owner = Snapforms (ABN – 76 165 730 594 – “Tiron Digital Pty Ltd”)
These terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of both the Snapforms Website (“Website”) and forms Service (“Service”). You should read these terms of use and the privacy policy carefully before using this Website and Service.
The Website and Service are available for your use only on the condition that you agree to these terms of use. By accessing/using the Website or Service, you are signifying that you agree to be bound by these terms.
Forms and Submissions
Snapforms does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the Snapforms Service. As between Snapforms and you, you own all rights to your Forms and Submissions. Snapforms does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions. Data stored within the Snapforms Service received via your forms is owned by you. Snapforms will never access your data unless required by law or requested by you.
Website Data
The copyright for the content on this Website is owned or licensed by Snapforms and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Snapforms. All custom graphics, icons, and other items that appear on the Website and all associated trademarks are trademarks of Snapforms.
We understand that privacy is important to you – it is important to us, too. That’s why we respect your personal information and are committed to protecting it when providing products and services to you. Snapforms is hosted and operated entirely within Australia, giving you the confidence that your data and privacy are both entirely held onshore and will never be sold or shared.
The Snapforms privacy policy governs the use of information collected from or provided by you at the Website and Service. A policy statement prepared by Snapforms for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at https://www.snapforms.com.au/privacy-policy.
Snapforms makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the Website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
If Snapforms is found responsible for any damages, Snapforms is responsible for actual damages only. In no event shall Snapforms be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website or Service.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify us of any unauthorised use or your registration, user account or password. Snapforms has no visibility of your password and cannot provide your existing password on request.
Consistent with your obligations under your agreement, it is important that all users understand that while the Snapforms Service can be utilised for a multitude of activities, it should not be used for the following:
No Monetisation of the Snapforms Service
The Snapforms Service is purchased by you and intended for your internal use only. You are prohibited from transferring, renting, reselling, charging or otherwise commercialising any use of the Snapforms Service that you have purchased from Snapforms, in whole or in part, unless otherwise expressly permitted by the terms of your Agreement. This includes, for the avoidance of doubt, the use of the Snapforms Service for phishing, extortion, pyramid schemes, or unsolicited commercial messaging (e.g spam).
Partner Program
Snapforms offers a partner program should you wish to resell Snapforms Services. You can find out more about this program by contacting us at contact@snapforms.com.au .
Spam
You agree that you will not use the Snapforms Service or any form(s) you create using the Snapforms Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as, for example, posting a Snapforms form as a money-making program on a classified ads site. Any account reported or found doing so will be immediately suspended.
Phishing
You agree that Snapforms may terminate your Snapforms Service immediately if a form’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account, along with the violating forms, will be suspended immediately.
IP Prohibitions
You are prohibited from reverse engineering, disassembling, decompiling, otherwise recreating the Snapforms Service or creating derivative works of the Snapforms Service. You may not access the Snapforms Service for the purposes of replicating any element of the Snapforms Service as part of a product or service that competes with Snapforms.
False or Misleading Acts
Honesty is the best policy. Users may not use the Snapforms Service to falsely or misleadingly identify themselves or information about themselves (e.g. employer, title, or affiliations). The Snapforms Service must not be used to impersonate others.
Security Testing
Overburdening the Snapforms Service or attempting to circumvent access limitations or monitoring mechanisms for the Snapforms Service or its related systems and networks is prohibited. Performance and disclosure of security tests, vulnerability scanning, penetration testing, or similar activities conducted without the prior written consent of Snapforms is prohibited.
Private Data Storage
You are also solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. It is your responsibility to assess whether your usage of the Services is appropriate for the storage or control of, or access to, sensitive data, such as information about children, personally identifiable information, or medical or health information. Snapforms does not control or monitor the information or data you store on, or transmit through, our Services.
Snapforms believes in providing our customers with the best experience possible. As such, we do not set system limitations on our customers’ user access or other similar functionality within the Snapforms Service. The following section is intended to address our customers’ use of the Snapforms Service in excess of the products purchased under the applicable order and ensure compliance with our pricing model.
Account Structure
Our pricing model for our Snapforms is based on a single account, single-user login – we offer multiple user logins on our Enterprise plans. “Accounts” (e.g. employees, contractors, consultants, business units) that are part of the Snapforms Standard, Business and Professional plans must be tied to a single email address.
We approach our customer relationships in a transparent and honest way and hope for the same from our customers. Users and customers should not share their accounts as that would risk compromising both security and data privacy. Examples of such behaviour include (but are not limited to):
Platform Use Limits
Our pricing model for Standard, Business and Professional (as defined below) is straightforward – we charge per account up-front for an annual or monthly term. Platform Limits include active forms, stored responses and features outlined in the pricing table at https://snapforms.com.au/pricing. Other functionalities of the Snapforms platform not specifically described in the plan limits are subject to Fair Use as defined below. Snapforms will sometimes contact you when you exceed your Platform Use Limits and will provide options to continue using your account. In reaching your limits we will not instantly disable your account, but will require action from you in order to continue the use of your account.
Fair Use
Snapforms offers functionality that does not have Platform Use Limits as a part of your subscription. Bandwidth and usage of this functionality are monitored to ensure use that does not compromise the Service to you or other users of the platform. Should your usage be in breach of our Fair Use, we will contact you with options to update your account.
Snapforms regularly deploys updates and changes to enhance the Snapforms platform. By accepting this agreement you accept that whilst we endeavour to not adversely impact any of our users by these updates, Snapforms is not liable for any damages or loss of data as a result of these updates.
Snapforms offers the option to take payments through third-party payment processors. By accepting this agreement with Snapforms, you indicate that you have reviewed the Terms of Service and Privacy Policy of the payment processor for the country in which you are located and agree to both should you wish to use them.
Snapforms offers the option to use different integrations with third-party platforms. By accepting this agreement with Snapforms, you indicate that you have reviewed the Terms of Service and Privacy Policy of the third-party platform for the country in which you are located and agree to both if you wish to use them. If you choose to use one of these integrations you agree to the transfer of your Snapforms data to the selected third party. Snapforms is not liable for any data or security breaches as a result of a third party integration. Depending on the location of the third-party provider services, your data may no longer be contained within Australia as a result of connecting the Snapforms Service to a third-party.
Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your Snapforms subscription will automatically renew at the end of each billing cycle until you cancel your Snapforms subscription. You can also cancel by emailing the Snapforms Support Team at contact@snapforms.com. When you downgrade, your account will remain at your current plan through the end of your current billing cycle.
If you have elected to pay the fees for a Snapforms subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, Snapforms may suspend or cancel your Snapforms subscription.
Snapforms has implemented processes intended to protect user information and maintain the security of data as well as continuity of service. We have attempted to protect Snapforms’ servers by locating them in areas with security procedures, use of firewalls and implementing other generally available security technologies. These safeguards help prevent unauthorised access, maintain data accuracy, and ensure the appropriate use of data, but no guarantee can be made that your information and data will be secure from intrusions and unauthorised release to third-parties. You can read an overview of our security procedures at https://snapforms.com.au/security-and-reliability/.
Snapforms has a 99.99% service guarantee which is available on the Enterprise plan. You can read about our Service Level Agreement at https://snapforms.com.au/sla/.
Snapforms may revise and update these terms of use at any time. Your continued usage of the Website or Service after any changes to these terms of use will mean you accept those changes. Upon any modification to this document, the last modified date located within this page will be updated. It is important you regularly review this document, as ongoing use of Snapforms’ products inherits acceptance of this document in full.
The following Conditions of Sale shall apply to any product sold on this Website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Snapforms with respect to the subject matter hereof.