Terms & Conditions

These terms and conditions ("Terms") govern your use of our services, so please read them carefully before using our site or any of our services.

General Terms

By using our site or any of our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our site or any of our services.

You may choose to use certain features of our services while opting out of others. However, if at any point during your subscription you decide to opt in or out of a specific feature, you agree to abide by the Terms applicable to that feature from the moment you start or stop using it.

Content and Compliance with Spam and Texting Laws

You are solely responsible for the content you post and distribute using our services, including any mass emails or texts sent through our system. As the user, you must ensure that your content complies with all applicable spam laws and texting regulations in the jurisdictions where you operate or target recipients.

When sending mass emails, you agree to abide by anti-spam laws, such as the CAN-SPAM Act (United States) or equivalent laws in other countries. This includes providing a clear and functional unsubscribe mechanism, identifying the message as an advertisement, and providing accurate sender information.

When sending texts through our system, you agree to comply with relevant texting laws, such as the Telephone Consumer Protection Act (TCPA) (United States) or equivalent laws in other countries. This includes obtaining proper consent from recipients before sending commercial texts and providing an opt-out mechanism.

We do not monitor the specific content of your messages, but we reserve the right to investigate and take appropriate actions if we suspect any violations of spam or texting laws. By using our services, you acknowledge that you are fully responsible for ensuring compliance with these laws and regulations.

We do not endorse or assume liability for any illegal, offensive, or non-compliant content posted or distributed by our users. You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from your use of our services, including any violation of spam and texting laws.

By continuing to use our services, you acknowledge and affirm that you have read, understood, and agree to abide by these content guidelines and comply with all relevant spam and texting laws while using our platform.

Payment Processing

As a user of Formilae, you are solely responsible for determining, collecting, reporting, and remitting any and all taxes required by applicable law in connection with your use of our payment processing services. This includes, but is not limited to, sales tax, VAT, income tax, and any other applicable taxes.

Tax Reporting:
Formilae facilitates payment processing through Stripe, including the transfer of funds to your Stripe Connect account. It is your responsibility to ensure that all income received through our platform is reported to the appropriate tax authorities. Stripe may issue a Form 1099-K to you, but you should seek advice from a tax professional to ensure full compliance with tax laws.

You agree to indemnify, defend, and hold harmless Formilae LLC, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your failure to comply with your tax obligations, including any penalties or interest imposed by tax authorities.

AI Chat Bots/Assistants

As a user of our AI chat assistants, you are solely responsible for the content you input and distribute through our services, including any FAQ questions and responses used within our AI chat assistants. It is your responsibility to ensure that your content complies with all applicable laws and regulations in the jurisdictions where you operate or target recipients.

When inputting FAQ questions and responses, you agree to abide by relevant laws and regulations governing content dissemination, such as providing accurate and non-misleading information. This includes ensuring that your content does not violate any intellectual property rights, privacy laws, or any other laws that may be applicable to your specific use case.

While we do not actively monitor the specific content of the FAQ questions and responses you input into our platform, we reserve the right to investigate and take appropriate actions if we suspect any violations of applicable laws. By using our services, you acknowledge that you are fully responsible for ensuring compliance with these laws and regulations.

We do not endorse or assume liability for any illegal, offensive, or non-compliant content posted or distributed by our users through our platform. You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from your use of our services, including any violation of applicable laws.

By continuing to use our AI chat assistants, you acknowledge and affirm that you have read, understood, and agree to abide by these content guidelines and comply with all relevant laws and regulations while using our platform.

Formilae Referral Affiliates

Formilae Referral Affiliates are granted access to a free Basic Plan Formilae account, which includes all tools of our software such as mass emails, text messaging, chat windows, and the booking system. However, we reserve the right to cancel or suspend your account if we detect inappropriate activity or actions that suggest you are not actively seeking customers to refer. Additionally, access to certain tools will be restricted until you are fully verified through Stripe Express to receive commission payments. Certain tools may require additional setup outside of Formilae and could incur fees—for example, the AI chat window requires an OpenAI account, and you will be responsible for paying for the tokens used. We also reserve the right to limit or disable specific tools at any time due to inactivity, lack of fully converted referrals (outside of the free-trial window), or if we have reason to believe that the account is not being used for its intended purpose.

Privacy Policy

We take your privacy seriously. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

Intellectual Property

All content on our site, including but not limited to text, graphics, logos, images, and software, is the property of Formilae and is protected by copyright and other intellectual property laws. You may not use any of our content without our prior written consent.

Fees

We may charge additional fees for some of our services. You agree to pay all fees and charges associated with your use of our services. We reserve the right to modify our fees at any time, and we will notify you of any changes. For accounts with outstanding bills, we reserve the right to deactivate your account at any time, but we will retain your User Data for up to six months of inactivity. After six months of inactivity, we may consider removing your account and associated data. However, before taking any action, we will send you an email notification, giving you an opportunity to reactivate your account and prevent data removal.

Disclaimer of Warranties

Our site and services are provided "as is" and without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our site or services will meet your requirements or be error-free.

Limitation of Liability

We will not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of our site or services, even if we have been advised of the possibility of such damages.

Service Interruption / Acts of God

We cannot be responsible for third party software downtime or our server being down due to acts of God. We will do our best to ensure that our services are always available, but we cannot guarantee uninterrupted access to our site or any of our services. We will not be liable for any loss or damage caused by any such downtime.

PDF Generation:
We are not responsible for any errors or omissions in the PDFs generated through our system. It is your responsibility to review all PDFs generated for accuracy and completeness. If you notify us of any errors, we will make reasonable efforts to correct them.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of laws provisions.

Dispute Resolution

Any dispute arising from these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Lakeland, Florida, and the award of the arbitrator shall be final and binding.

Modification

We reserve the right to modify these Terms at any time, and we will notify you of any changes. Your continued use of our site or services after the modified Terms have been posted constitutes your acceptance of the modified Terms.

Termination

We reserve the right to terminate your use of our site or services at any time and for any reason.

If you have any questions about these Terms, please contact us at support@formilae.

Acceptable Use Policy

The Formilae software is a private information system.

Access to the Formilae portal is allowed only to organizations and individuals who have been given explicit permission by Formilae to do so, and who have a valid user ID and password. Public access is strictly forbidden.

Any and all attempts at intrusion will be tracked down and pursued.

Any and all attempts at intrusion will be prosecuted to the full extent of the law.

It is strictly forbidden to attempt to break into, attempt to crack passwords on, or scan for weaknesses in, any networking equipment, servers, PCs, software, or databases owned or operated by Formilae.

The use of Formilae resources for anonymous web proxy services is forbidden.

It is strictly forbidden for anyone to use Formilae, or any other Formilae hardware or software, for purposes other than the designed intent.

All data in Formilae is confidential and proprietary.

Users may log into Formilae only with their own User ID.

Formilae users may use the software only in a manner that conforms to the normal operation of the software using the standard Formilae user interfaces (by clicking on menu items, entering information, clicking on buttons, responding to prompts, API, ODBC, etc.).

Formilae users may only view/change information in Formilae that they have been given specific permission to view/change by their company management.

Trolling Prohibited: It is strictly forbidden to engage in trolling or any form of disruptive behavior when interacting with AI chat windows or live chat windows. Users are expected to use AI chat windows/assistants for their intended purpose.

Formilae users may not access other companies' data without approval from both Formilae and the other company involved.

In the highly unlikely event that any accidental breakdown or relaxation in security should occur, it is the responsibility of Formilae user to report it to company management or Formilae immediately.

Privacy and Confidentiality: All company and personal data stored in Formilae is considered and treated as confidential and proprietary at all times. No company or personal data is copied, communicated, sold or shared with third parties outside Formilae and its trusted affiliates. See our full Privacy Policy here.

The policies documented here are in addition to any policies that may be implemented by a user's employer. In cases where the employer's policy conflicts with this policy, or where this policy is more restrictive, then this policy is authoritative. In cases where the customer policy is more restrictive, it must be considered authoritative.

Formilae will deal with all violations of this policy on an individual basis. In most cases, the Formilae security team or other Formilae employee will contact someone of authority at the company site regarding the breach of Formilae policy by an employee of that company. Formilae may contact law enforcement officials, as determined by the Chief Security Officer.

If you have any questions concerning the acceptable use of Formilae resources, please contact Formilae at 863-210-2816.

Policy Creation Date: 05-01-2022
Policy Revision Date: 10-23-2023
Policy Owner: Formilae, LLC.