Terms of Service
Use of our Services requires a HookForms.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your HookForms.com Account. You must immediately notify 37chairs of any unauthorized uses of your account, or any other breaches of security. 37chairs will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Attribution. 37chairs reserves the right to display attribution links such as “Powered by Hook Forms,” in your form. Attribution may be altered or removed by you (via CSS) if so desired.
Payment and Renewal.
- General Terms. Optional paid services such as extra users are available (any such services, an “Upgrade”). By accepting an Upgrade you agree to pay 37chairs the monthly or annual Subscription fees indicated for that service. Payments will be charged at the end of a billing cycle, and will cover the use of that service for a monthly or annual Subscription period as indicated.
Automatic Renewal. Unless you take action before the end of the applicable Subscription period that you want to cancel a Subscription or Trial, your Subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly Subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Upgrades will also automatically renew if not altered before the end of a billing cycle. Upgrades can be canceled by simply removing extra users or other Upgrade-based options from your forms.
- Credit Card Details. If you have elected to pay the fees for the Hook Forms Subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify 37chairs of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, 37chairs may suspend or cancel your Hook Forms Subscription.
- Information Protection. 37chairs will never sell, give away or otherwise trade in user information. Further, our policy is to never collect or save any sensitive client information except where necessary for use of features. Certain visitors to 37chairs’ websites choose to interact in ways that require 37chairs to gather personally-identifying information. The amount and type of information that 37chairs gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a basic Hook Forms account to provide an email address. We require strong passwords whenever a client interacts with our systems., and all passwords are hashed using strong one-way algorithms, so we can not at any time “decrypt” and read passwords or other hashed information. Those who engage in transactions with 37chairs – by purchasing a Hook Forms Subscription, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. Credit cards are processed through Stripe, Inc. (“Stripe”). At no point can we use a Stripe token to retrieve cardholder data, and card information never passes through 37chairs servers. Some client applications we actively develop that may require storing data that could be considered proprietary, sensitive,or confidential are developed in wholly separate environments and steps are taken to ensure proper encryption of file systems, files, and databases where necessary.
3. Responsibility of Users.
37chairs has not reviewed, and cannot review, all of the material submitted through our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, 37chairs does not represent or imply that it endorses the material there submitted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. 37chairs disclaims any responsibility for any harm resulting from the use by users of our Services.
4. 37chairs IP.
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use 37chairs’ trademarks or other brand elements.
We sometimes have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
6. Suspension and Termination of Services.
- By you. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.
- By 37chairs. 37chairs may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. 37chairs may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. 37chairs may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after 37chairs has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, 37chairs may limit or suspend the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. 37chairs may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where 37chairs may decide that we need to take immediate action without notice. 37chairs will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. 37chairs has no obligation to retain your Content upon termination of the applicable Service.
7. Disclaimer of Warranties.
Our Services are provided “as is.” 37chairs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 37chairs nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
8. Limitation of Liability.
In no event will 37chairs, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 37chairs under this agreement during the twelve (12) month period prior to the cause of action. 37chairs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. General Representation and Warranty.
10. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and 37chairs reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless 37chairs, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between 37chairs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 37chairs, or by the posting by 37chairs of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Nebraska, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lancaster County, Nebraska. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lincoln, Nebraska, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 37chairs may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.