This User Agreement describes the terms on which Formsolver LLC ('Formsolver', 'Company', 'we', 'us' or 'our'), an Illinois limited liability company, offers you ('User', 'you' or 'your') access to our Product (including all content and functionality available through Company's website), and services provided by us.
By visiting or using the products available on Company's website (the 'Site' or 'Company') you are agreeing to the following terms without change (collectively, the 'Agreement'). If you do not agree to any of the terms in this Agreement and the related policies referenced in this Agreement, please do not use the Product.
This is a beta version of Formsolver ('Product'), which is still being tested before its official release. Basis ('Beta Test Period'). As a beta tester, you acknowledge and accept that you are using a beta application. Should you encounter any bugs or other problems with the Product, please let us know immediately so we can improve the product.
The product is provided 'as is' and 'as available' and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringment, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
Company, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (A) The product will be accurate, secure or available at any particular time or location; (B) any defects or errors will be corrected; (C) any content or software available at or through the service is free of viruses or other harmful components; or (D) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
(a) Ownership. User acknowledges that the Product is made accessible to User for beta testing and that Company retains ownership of all right, title and interest to the Product, the Product design and documentation, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights and trade secret rights) subject to the software license granted herein. User agrees not to (i) copy, modify, or reverse engineer the Product, make derivative works based upon the Product, or use the Product to develop any products, without Company's prior written approval or (ii) sell, license, rent, or transfer the Product to any third party.
(b) Software License Grant. Company hereby grants to User and User accepts a personal, non-transferable, non-exclusive license to use the Product for the Beta Test Period solely for the purpose of testing and evaluating the Product.
(c) Modifications. User hereby assigns to Company, User's entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any modifications or improvements to the Products which User may propose or make during the Beta Test Period or which User and Company may jointly make during the Beta Test Period. User further acknowledges that when any data is entered into or created with the Product or any feedback is submitted on the Product, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the content in connection with the Site, in any media known now or in the future.
2. Information we collect. When you visit our Website, you may provide us with two main types of information: (A) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (B) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you use the Services. In some cases, if you choose not to provide us with requested information, you may not be able to access all of our Services.
Personally Identifiable Information You Choose to Provide:
Personally identifiable information is information that identifies you as an individual. When you register an account with us, inquire about our products and services or request information via email, we may collect your name, organization, address, phone number, email address, and subscription information or payment data. You can opt out of providing information by not entering it when asked and, if such information is required in order to allow us to respond to your inquiry, you will be notified of this. In the event you do not provide us with some or all of the requested information, we may not be able to provide services to you. Additionally, as you use our Services, we may collect job data including building geometry, location, and materials as well as software license configuration data such as serial numbers, versions, license, type and screen and interface configurations all of which is information you choose to disclose to us.
Non-Personally Identifiable Information We Collect:
Our Services also collects information that does not reveal your specific identity or does not directly relate to an individual. For example, when you use our Services, we also track certain information about your computer, the computer technology you are using and preferences within our Services. To the extent permitted by applicable law, we reserve the right to combine other information as defined herein with personal information that you submit. Other non-personally identifiable information we collect is as follows:
Aggregate: We may collect non-identifying and statistical information about the use of our Services and website, such as how many visitors visit a specific page, how long they stay on that page and which links, if any, they click on. This information represents a generic overview of our users, including their collective habits. Information collected in the aggregate is not associated with you as an individual. We may share user information in the aggregate with third parties, such as advertisers and content distributors.
Other Tracking Technologies: To support the services we provide to you, we may use services hosed by third parties. These services may collect information sent by a browser as part of a web page request, including Internet Protocol ('IP') addresses, browser software, and/or clickstream patterns. If these third-party services collect information, they do so anonymously without identifying individual visitors. However, we may link the information we record using tracking technology to personal information we collect.
3. How we use that information:
(b) Non-Identifying Information: The information collected on our Services in the aggregate enables us to better understand your use of the Services and to enhance your enjoyment. We collect non-identifying information primarily for purposes of administering, protecting and improving our Services and systems, to identify problems, to compile aggregated statistics about site usage, and to help personalize your experience using our Services. For example, we may use the information to improve the design and content of our website or to analyze the programs and services that we offer. We do not deliver third party online advertisements on our Services but we may advertise our products and services on other's websites.
Formsolver will not disclose your personally identifiable information to third parties except in the following circumstances: (i) to investigate and defend Formsolver members against any third party claims or allegations or otherwise to protect Formsolver from liability, (ii) to investigate, prevent or take action regarding suspected or actual illegal activities, (iii) to assist government enforcement agencies, respond to a legal process or comply with the law, (iv) to exercise or protect the rights, property or personal safety of the users of the Services and/or (v) to protect the security or integrity of the Service.
We may share your personally identifiable information as well as information from tools like cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.), with employees, contractors, agents and organizations that help us provide the Product to you ('Service Providers').
Our Service Providers will be given access to your information as is reasonably necessary to provide the Services and are subject to contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. We may remove parts of data that can identify you and share anonymous data with other parties or the community as a whole. We may also combine your information with other information in a way that it is no longer associated with you as an individual and share that aggregated information. We reserve the right to fully use and share any information that is not in personally identifiable form (such as statistics and survey results that do not identify you individually by name).
What happens in the event of a change of control. If we sell or otherwise transfer part or the whole of Formsolver or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, user content and any other information collected through the Services may be among the items sold or transferred. You will continue to own your user content.
4. Your information choices
Changes to information and opt-out requests. We respect your privacy and give you an opportunity to opt out of receiving announcements of certain information. Please note that if you do opt-out of receiving certain marketing-related emails from us, we may still send you important administrative messages, and you cannot opt-out from receiving such messages. If you visit or use our Services and volunteer personally identifiable information, you can opt out of receiving, review, modify, update, or delete such information by contacting email@example.com. Upon appropriate request, we will usually be glad to update or amend your information, but reserve the right to use information obtained previously to verify your identity or take other actions we believe are appropriate. Please be aware that even after your request for a change is processed, Formsolver may, for a time, retain residual information about you in its backup and/or archival copies of its database
Retention of your information.
We will retain your personal information for the period necessary to fulfill the purposes outlined in this statement unless a longer retention period is required or permitted by law. We may keep information in an off-line form, for archival purposes or as otherwise required by law. Please note that if your information is removed from our databases, you may no longer be able to access certain areas of our Services requiring registration or a subscription. We will retain your personal information for as long as your account is active or as needed to provide you services. If you wish to cancel your account, or request that we no longer use your personal information to provide you services, contact us via the applicable information provided above. Even after we cancel your account or cease using your personal information to provide you services, we may still retain, use, and disclose your information as necessary to comply with our legal, regulatory, ethical, or document retention obligations, and any request to delete your personal information is subject to these obligations and restrictions.
5. Cross-border transfers. Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country. By using our Services, you consent to such transfers and to the worldwide processing of your personal information.
6. Service eligibility and changes:
Children and Minors. Formsolver does not knowingly collect personally identifiable information from children under the age of thirteen. Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
California Privacy Rights. If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Formsolver to its affiliates and/or third parties for their direct marketing purposes. To make such a request, please send an e-mail with your first name, last name, mailing address, e-mail address, and telephone number to email@example.com. Please include 'California Privacy Rights' in the subject line of your e-mail.
7. Security. We work hard to secure your personal information from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. We take reasonable steps to safeguard your information and review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. However, since the Internet is not a hundred percent secure environment or error-free, Formsolver cannot warrant the security of any information you transmit to Formsolver or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical or managerial safeguards. Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Formsolver, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.
9. How to contact us. If you have questions or comments about these agreements, please email us at firstname.lastname@example.org