Terms of Use and End User License Agreement for Forma Apps

Last updated: December 2024

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and BP Mobile LLC (“we,” “us” or “our”), concerning your access to and use of:

- “Forma – PDF Document Editor” software application designed for iOS devices (may also be compatible with some iPadOS, visionOS devices) and/or

- “Forma – PDF Document Editor” software application designed for Android devices and/or

- “Forma: PDF Editor & Converter” software application for macOS devices.

Each software application is hereinafter referred to as the “App” . The title of each App may vary in countries other than the U.S. and is subject to change without specific notice.

All the documents that relate to the App are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you download, install or use the App.

It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or start using the App. By using the App you agree to abide by this Agreement.

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any device in your possession or under your control.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE APP

In order to download, install, access or use the App, you must reach the age of majority or legal age in your applicable jurisdiction (i.e. in most jurisdictions you must be eighteen (18) years of age or older).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to download, install, access or use the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

Parents and guardians must directly supervise any use of the App by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the App by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.

Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.

You affirm that you have either reached the age of majority or legal age in the applicable jurisdiction, or you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

IV. GENERAL TERMS

The App is a utility program designed to enhance your device experience. The App allows you to create, edit and manage PDF documents, split and merge them; fill out and sign different forms; protect your files with watermark; save and store any copies of documents on your device(s); save and export your forms and other documents as the most common file formats (PDF, JPG, DOC, TXT, XLS, PPT), share them via messengers, email or by other means. You may also have an opportunity to keep your files in a secure cloud storage within your personal Forma account to be able to sync and access them on any device or platform (iOS, macOS, Android). Additionally, you may use the AI Chatbot available within the App for different purposes, for example, in order to create a CV, summarize and proofread the content of digital documents, generate text on any topic, compose emails and perform other tasks based on your requests. Note that the list of available features may differ depending on which App (designed for iOS, macOS or Android devices) you use. Therefore, we recommend you to visit the product page of each App (for iOS, macOS or Android devices correspondingly) on the Apple App Store or on play.google.com before the download to learn more details about available features.

The App is intended only for your personal non-commercial use. You shall use the App only for the purposes mentioned above.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully

VI. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT

INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP

Note that this subsection “INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP” does not apply to User Content (as defined below in subsection “USER CONTENT” of the Agreement). The regulations regarding User Content are set forth in this Section VI below under the subtitle “USER CONTENT”, and partially in Sections VII, XI, XII of the Agreement.

By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to access and use the App pursuant to this Agreement (the “License”).

You may use the App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App, you cannot sell pictures and/or other content available in the App.

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of BP Mobile LLC and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the License herewithin.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

USER CONTENT

For the purposes of the present Agreement the term “User Content” shall be interpreted and may refer to the following categories of content:

(i) any of the documents, files, images, pictures, other data that you upload to the App, and/or that you create, scan, edit, store using the App, including but not limited to Files associated with your Forma account;

(ii) User Content related to the AI Chatbot feature, i.e. both (a) the content of documents, the text of your request(s), other information that you provide as an Input and (b) the content that you receive on the basis of your Input as an Output using the AI Chatbot feature available within the App.

License grant with respect to User Content. We do not claim ownership in your User Content. However, in order to be able to provide you with the App features, we need to obtain specific limited purpose licenses and permissions with respect to certain portions of your User Content. In particular, by using the corresponding App feature(s) you hereby grant to us, as well as to our successors, affiliates, agents, assigns or to anyone authorized to act on our behalf, a non-exclusive, worldwide, time-limited (i.e. limited to a period of time necessary to fulfill the purposes of license grant), royalty-free, sublicensable, transferable, limited purpose license and permissions to:

  • reproduce, process, store the Files associated with your Forma account using the services of our cloud storage provider (Amazon Web Services, Inc.) in order to enable you to use the cloud storage functionality, synchronize your files in real time and access them from any device or platform (this permission with respect to Files associated with your Forma account is relevant and applicable only if you have an active Forma account registered within the App);
  • reproduce, process, analyze, share your Input with OpenAI, L.L.C. (our AI service provider), its affiliates for the purposes of providing you with and maintenance of the AI Chatbot feature. You’ll own the Output that you rightfully received on the basis of your Input using the AI Chatbot feature. This means that, subject to your compliance with the terms of this Agreement (inter alia, Sections VI and VII), you may use such Output at your own discretion, at your sole risk and under your sole responsibility. Please bear in mind that a set of prohibitions and restrictions apply with respect to all your User Content related to the AI Chatbot feature (i.e. for both Input and Output). To learn more details regarding such prohibitions and restrictions, please review Section VII of this Agreement carefully (subsection “ADDITIONAL REGULATIONS APPLICABLE TO THE USE OF THE AI CHATBOT FEATURE”).

Please also note that in addition to the above mentioned limited purpose license and permissions, in exceptional cases and if technically possible we or our service providers acting on our behalf may use all categories of your User Content when it is strictly necessary to comply with applicable law or a legally binding order of a governmental body, or enforce the present Agreement.

For the avoidance of doubt, you hereby acknowledge and agree that you provide us with the above mentioned License Grant with respect to User Content without the requirement to make any payment or compensation to you or to any third party. You also hereby agree that you will not pursue or demand from us, our successors, affiliates, agents, assigns or from anyone authorized to act on our behalf any charges or fees in relation to the copyrights in and to your User Content.

FEEDBACK

You may, but are not required or obligated to, provide some feedback, comments, recommendations, feature requests, review, bug reports, ideas or suggestions related to the App (“Feedback”) via our support forms, by email or by other means. Note that by providing Feedback in any form, you hereby agree to grant us and our affiliates a perpetual, worldwide, royalty-free, sublicensable, transferable, irrevocable rights and license to use, reproduce, publicly display, modify, create derivative works of, or otherwise exploit such Feedback without restriction and without any obligation to you (inter alia, without obligation to reimburse, compensate or credit you). For example, your Feedback may be incorporated into or otherwise used for the development or improvement of the App or for our other products and services.

Also bear in mind that any Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for us.

OPEN SOURCE COMPONENTS

The App is using the following third party component made generally available under open source license (“Open Source Component”):

THIRD PARTY SERVICES USED IN THE APP TO SUPPORT THE AI CHATBOT FEATURE

The App is using OpenAI API https://platform.openai.com/docs/introduction in order to provide you with the AI Chatbot feature available within the App. Therefore, if you use the AI Chatbot feature, you must pay special attention to and carefully examine the relevant provisions contained in Sections VI (subsection “USER CONTENT”), VII (subsection “ADDITIONAL REGULATIONS APPLICABLE TO THE USE OF THE AI CHATBOT FEATURE”), XI, XII of the Agreement.

VII. PROHIBITED BEHAVIOUR

GENERAL RESTRICTIONS AND LIMITATIONS RELATED TO THE USE OF THE APP

You agree not to use the App in any way that:

  • is unlawful, harmful, illegal or unauthorized;
  • is defamatory of any other person;
  • is obscene or offensive;
  • infringes, misappropriates or violates any copyright, database right or trademark of any other person;
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You shall not make the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.

Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.

Also we are not responsible for the way you use the App.

It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

ADDITIONAL REGULATIONS APPLICABLE TO THE USE OF THE AI CHATBOT FEATURE

When you use the AI Chatbot feature available within the App you must strictly adhere to the following set of rules and restrictions. Inter alia, it is strictly prohibited to provide Input that contains any content that:

  • expresses, incites, or promotes hate based on race, gender, ethnicity, religion, nationality, sexual orientation, disability status, or caste;
  • includes violence or serious harm towards any target;
  • promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders;
  • meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness);
  • depicts death, violence, or physical injury;
  • includes material or information that requires a government license for release or export;
  • infringes, compromises the privacy of any person;
  • contains any third party copyrighted, trademarked or other protected material in respect of which you don’t have the relevant rights, licenses, permissions or authorizations necessary to provide them as Input to the App;
  • constitutes confidential information you don’t have relevant permission to use and process;
  • may serve as a basis for generation of allegedly infringing Output;
  • is not compatible with the terms of OpenAI Usage Policies;
  • otherwise may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, or that violates any local, state, national or international law.

Additionally, you must comply with the following rules when you use any Output generated on the basis of your Input as a result of using the AI Chatbot feature:

  • don’t represent that Output was completely human-generated when it was not;
  • ensure that your use of the Output does not violate applicable laws, the terms of the present Agreement or OpenAI policies;
  • don’t use the Output in a manner that infringes, misappropriates, or otherwise violates any third party’s rights (including but not limited to copyrights, trademark, publicity, privacy rights);
  • don’t repurpose or distribute the Output in relation to illegal activities or to harm others – for example, don’t share the Output to defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote violence, hatred or the suffering of others, development or use of weapons, illegal substances, goods or services;
  • don’t use the Output to develop any AI models that compete with OpenAI products and services.

Please also note that if you decide to share and/or publish any portion of the Output, you must take into account and adhere to the relevant terms and conditions for permitted sharing. To learn such applicable terms and conditions for permitted sharing, please visit and carefully review OpenAI Sharing & publication policy.

Note that your violation of any prohibition, restriction or other rule contained in this Section VII of the Agreement may result in suspension or termination of your Forma account and/or your access to the App. If you reasonably believe that your Forma account and/or access to the App was suspended or blocked by mistake, please contact us using our support forms specified in Section XVII of the Agreement to exercise your right to appeal.

VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY

In order to use the App, you are required to have a compatible device, and internet access.

The App designed for iOS is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 16.0 or later, it may also be compatible with some iPad, Apple Vision devices (check the relevant OS requirements on the App’s product page). The App for macOS is available for downloading and installing on compatible devices running macOS 12.0 or later. The App designed for Android devices is available on the Google Play Store for downloading and installing on compatible mobile devices running Android 10.0 with minimum system requirements and up.

We do not warrant that the App will be compatible with all hardware and software which you may use.

We make no warranty that your access to the App will be uninterrupted, timely or error-free.

You acknowledge that the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.

The version of the App may be upgraded from time to time to add support for new functions and services.

We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.

You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.

IX. CHARGES

Each App (either for iOS, macOS or Android devices) is available for download free of charge, i.e. you may download/install it for free and get access to a limited scope of its basic features.

Access to some additional Services and features within each App (“Premium subscription features”) requires In-App Purchases, in particular, paid subscriptions.

Information about subscription plans available for purchase in each App. The information about available subscription plans will be shown to you within the App. Details about the subscription plan you have chosen (inter alia, the duration of subscription billing period (billing cycle), the amount of recurring subscription fee, other information) will be presented to you before the confirmation of purchase and/or subscription activation.

Free trials (if applicable). Some subscription plans in the Apps may offer you to try Premium subscription features at no charge for a specified free trial period. If you activate a subscription with an available free trial, note that after expiration of the applicable free trial period your auto-renewable paid subscription will start and you will be charged automatically each subscription billing period unless you cancel your subscription. If you want to prevent the start of charging and automatic transition to a paid subscription, make sure that you cancel your subscription with a free trial at least twenty-four (24) hours before the trial period ends. Premium subscription features are available during the whole free trial period, however, once you cancel your free trial, you will lose access to Premium subscription features.

Subscription auto-renewals. All subscriptions available for purchase within the Apps are auto-renewable. It means that during the 24-hour period before the current billing cycle for the applicable subscription plan ends, such subscription plan will renew automatically for the next billing cycle (weekly, monthly, annually, within another applicable period), and you will be charged automatically on an ongoing basis unless you turn off subscription auto-renewal. Therefore, to prevent the auto-renewal of your subscription plan for the next billing cycles and withdrawal of funds, make sure that you cancel your subscription at least twenty-four (24) hours before subscription renewal date, i.e. at least twenty-four (24) hours before the current billing cycle ends.

Subscription cancellation. To turn off auto-renewal of any subscription purchased in the App for iOS, macOS devices through the Apple App Store, follow the relevant instructions from this Apple support article. To turn off auto-renewal of any subscription purchased in the App for Android devices through the Google Play Store, follow the relevant instructions from this Google support article. When you cancel a subscription you’ll still be able to use Premium subscription features for the remainder of the current subscription billing period you’ve already paid. The cancellation goes into effect after the current subscription billing period has passed. In any event bear in mind that cancellation of subscription auto-renewal must be made on time: in order to avoid being automatically charged, you need to cancel the subscription at least twenty-four (24) hours before the end of the free trial or the current subscription billing period.

Also note that removing the App from your device and/or deletion of your Forma account does not deactivate, suspend or cancel your subscription. If you delete your Forma account, the subscription remains active within the platform where it was initially purchased until you choose to cancel it following the relevant instructions for subscription cancellation.

Refunds. In some cases (when you meet all eligibility requirements) Apple or Google may give refunds with respect to purchases made through the Apple App Store or the Google Play Store correspondingly. To learn more details about the rules applicable to refunds on the Apple App Store or the Google Play Store, please review this Apple support article or Google Play’s Refund Policy.

Multiplatform access to Premium subscription features for registered Forma users. If the relevant option is available, you may choose to register within any of the Apps (designed for iOS, macOS or Android devices), i.e. to create a Forma account. If you are signed in to your active Forma account and purchase Forma subscription in any App, you’ll be granted access to the relevant Premium subscription features associated with the use of such Forma account across multiple platforms, i.e. within the Apps designed for iOS, macOS, Android devices. In contrast, if you don’t have a Forma account, are not signed in to your active Forma account and purchase a subscription in any App, such subscription and Premium subscription features associated with it will not apply on a cross-platform basis. For example, if an unregistered and unauthenticated App user bought a subscription in the App designed for iOS devices, Premium options associated with such subscription won’t be available to such user within the Apps for macOS or Android devices. Despite the multiplatform nature of Premium subscription features, in all matters regarding subscriptions you must adhere to the following rule: you can manage all issues related to your subscription only by applying the mechanisms and rules of the platform that you used to purchase such subscription. Just for clarity, this implies that if you purchase a subscription via the App designed for iOS or macOS devices, you can manage it only through the Apple App Store. If you purchase a subscription via the App designed for Android devices, you can manage it only through the Google Play Store.

Note that if a registered Forma user with multiplatform access to Premium subscription features choose to delete Forma account, the Premium subscription features will remain active only within the platform where the relevant subscription was initially purchased.

You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you download / access / use the App outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.

X. THIRD PARTY WEBSITES AND RESOURCES

The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You are solely responsible for and bear all risks arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR BREACHES OF INDIVIDUAL’S PRIVACY AS A RESULT OF YOUR MISUSE OF THE APP.

WE DO NOT WARRANT A 100% QUALITY AND ACCURACY OF DOCUMENTS YOU MAKE WITH THE HELP OF THE APP.

IF YOU USE THE AI CHATBOT FEATURE AVAILABLE WITHIN THE APP YOU ALSO HEREBY ACKNOWLEDGE AND ACCEPT THAT THE USE OF SUCH FEATURE MAY RESULT IN OUTPUT THAT IS NOT FACTUALLY ACCURATE AND DOES NOT ACCURATELY REFLECT REAL PEOPLE, PLACES OR FACTS. THEREFORE, YOU AGREE AND ACCEPT THAT YOU WILL NOT CONSIDER OR RELY ON THE OUTPUT AS A SOLE SOURCE OF UNDENIABLY ACCURATE INFORMATION OR AS A SUBSTITUTE OF MEDICAL, OTHER PROFESSIONAL ADVICE, DIAGNOSIS, TREATMENT OR JUDGEMENT.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.

You also hereby acknowledge and accept that your use of the App, its Services as well as any type of User Content is at your sole risk. You assume and acknowledge your full responsibility arising out of your use of the App and/or use, other exploitation, further distribution, sharing of any type of User Content. In addition, to the maximum extent permitted by the applicable law, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensors, partners, affiliates, offices, directors, employees, legal representatives from and against any and all claims, losses, damages of any type or nature arising out of or in connection with your use of the App and/or use, other exploitation, further distribution, sharing of any type of User Content or out of your failure to comply with the terms of the present Agreement and/or applicable laws.

XIII. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

XIV. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.

We make no representations that the App is appropriate or available for use outside of the USA. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you choose to access or use the App from or in locations outside of the United States, you are responsible for:

  1. ensuring that what you are doing in that country is legal; and
  2. the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licenses, registrations, permits and authorizations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of the first notice from the party that initiated a dispute, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XV. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

XVI. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us using the following support forms:

- support form for Forma iOS App;

- support form for Forma Android App;

- support form for Forma macOS App.

Copyright © 2022- BP Mobile LLC.