Effective Date: November 27th 2024

Please read these Terms and Conditions ("Terms") carefully before using [www.formly.ai] (the "Website") and the software application provided by FormlyAI Inc. 39 Mariners Cay Drive, Folly Beach, SC 29439 USA. These Terms govern your access to and use of the Website and the software application. By accessing or using the Website or the software application, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Website or the software application.

1. Intellectual Property Rights

1.1 Ownership

The Website, the software application, and their respective content, including but not limited to text, graphics, logos, images, and software, are protected by copyright, trademark, and other intellectual property laws. All rights, title, and interest in and to the Website, the software application, and their respective content belong to us or our licensors. You may not reproduce, modify, distribute, or otherwise exploit any part of the Website or the software application without our prior written consent.

1.2 Trademarks

"FormlyAI" and our logo are trademarks or registered trademarks of FormlyAI Inc. or its affiliates. Other trademarks, names, and logos appearing on the Website or in the software application are the property of their respective owners. You are not granted any right or license with respect to any of these trademarks.

1.3 Logo Usage

Upon subscription to our service, the subscribing entity hereby grants the non-exclusive right to feature its corporate logo for promotional purposes on FormlyAI Inc.'s website, marketing collateral, and related promotional channels. We recognize the sanctity of your brand identity and affirm that prior to contract finalization, negotiations pertaining to logo usage are permissible.

2. User Conduct

2.1 Prohibited Activities

When using the Website or the software application, you agree not to:

- Violate any applicable laws or regulations.

- Infringe upon the intellectual property rights or other rights of third parties.

- Transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.

- Interfere with or disrupt the Website, the software application, or their servers or networks.

- Engage in any fraudulent, abusive, or unethical activity.

2.2 User Content

You may have the opportunity to submit or post content on the Website or in the software application, such as comments, reviews, or feedback ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content for any purpose.

You represent and warrant that you own or have the necessary rights to submit the User Content and that it does not violate any third-party rights or applicable laws.

3. Software Application License

3.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the software application provided by us. The license is solely for your personal or internal business use in accordance with the intended functionality of the software application.

3.2 Restrictions

You may not:

- Modify, disassemble, decompile, or reverse engineer the software application.

- Use the software application in a manner that violates any applicable laws or regulations.

- Use the software application to infringe upon the intellectual property rights or other rights of third parties.

- Copy, distribute, or sublicense the software application.

4. Disclaimer of Warranties

The Website and the software application are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. We do not warrant that the Website or the software application will be uninterrupted, error-free, or secure, or that any defects or errors will be corrected.

Use of products from FormlyAI Inc. does not guarantee CE marking or product certification. The products are offered as a tool to assist in achieving conformity with MDR 2017/745 and other standards related to medical device compliance and do not provide a guarantee that the user of achieves compliance upon use.

5. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, consequential, incidental, punitive, or special damages arising out of or in connection with your use of the Website or the software application, even if we have been advised of the possibility of such damages.

6. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses (including reasonable attorney's fees) arising out of or in connection with your breach of these Terms or your use of the Website or the software application.

7. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms, the Website, or the software application shall be brought exclusively in the state or federal courts located in Charleston County, South Carolina.

8. Changes to these Terms

We may update these Terms from time to time by posting the revised version on the Website or within the software application. Your continued use of the Website or the software application after the effective date of the revised Terms constitutes your acceptance of the changes.

9. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

10. Contact Us

If you have any questions or concerns about these Terms, please contact us using the following information:

Email: contact@formly.ai
Website: www.formly.ai