Formisimo Terms and Conditions

Terms and Conditions of Use

Formisimo is a service provided by Formisimo Ltd whose registered address is at 32 The Greenhouse, MediaCity, Salford, Greater Manchester, England, M50 2EQ. Formisimo Limited is a company incorporated in England and Wales (registered number: 08859680).

By accessing the Formisimo web site and creating a subscription to Formisimo, you are agreeing to be bound by these terms and conditions of use. You also agree that you are responsible for compliance with any applicable local laws and regulations.

If you are working on behalf of a client who has delegated authority to you to add website analytics tools to their website, it is your responsibility to ensure that your client is aware of Formisimo and the functions Formisimo performs and the Formisimo privacy policies.

If you do not agree with any of these terms, you are prohibited from using this site or creating a user subscription to use Formisimo.

Subscription based Service

Formisimo is offered as a subscription-based service. The creation of a subscription requires the completion of a Formisimo account registration process. You must provide accurate and complete information to Formisimo Ltd as part of the Formisimo account registration process.

On successful completion of the Formisimo account registration process, you will be provided with the necessary code snippets to implement Formisimo on your web site and a user name and password to use to access the Formisimo reporting console.

You are solely responsible for any and all activities that relate to your Formisimo account. You may not use Formisimo for any illegal or unauthorized purpose, nor violate any applicable laws.

User Licence

Formisimo Ltd grants you a non-exclusive licence allowing you to use Formisimo for the duration of this agreement. The licence granted shall start on the date the subscription account is created and continue until this agreement is terminated.

You agree and allow Formisimo to collect, store and process data from your web site. Formisimo does not collect Personally Identifiable Information; it records keypresses and mouse clicks, and the type of key pressed (Number, alpha, other). We do not store what data the user entered, unless you opt-in to Formisimo collecting user data. You will only be deemed to have opted in if Formisimo receives your written consent.

The data that drive the statistics within Formisimo is stored on Amazon Web Services You are responsible for the correct implementation of Formisimo under applicable laws. You will have and abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information from visitors to your website; providing appropriate statements of disclosure regarding your use of Formisimo.

Formisimo provides a range of product features and has been built and tested to work with the most common types of web sites. There may be some elements of an individual web site that cannot be recorded successfully by Formisimo. You are recommended to review a detailed product overview document for more information and clarification of the product features available with Formisimo. If the code added to their website interferes with your site in any way, and causes it to not function properly (stops it working properly, or stops people being able to submit their forms for instance) Formisimo and Formisimo Ltd are not liable.

At any point in time, some of the functionality available within Formisimo may be changed, updated, enhanced or removed with the intention of improving the overall value created for users of the product and you acknowledge that these changes may be made.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Formisimo, or any other Formisimo service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Formisimo's service, or access to Formisimo without the express written permission by Formisimo Ltd.

Term & Termination

You can cancel your account and subscription at any time by contacting Formisimo and requesting an account cancellation.

Your cancellation request will be processed within one working day and your account will remain active for the current billing period.

Your account and any data recorded on your account will remain available for a period of at least 30 days following the end of the last billing period. Once this period expires, your account and all recorded data will be deleted.

No further payments will be taken after your cancellation request has been processed.

Once your account is closed, we recommend that you remove the Formisimo JavaScript code from your web site.

Formisimo Ltd reserves the right, at its discretion, for any reason to:

Violation of any of these terms and conditions may result in the immediate termination of your Formisimo account.

Costs for using Formisimo

Formisimo is offered as either a Free Plan or a Paid Plan. Whichever plan you choose you must subscribe and agree to these Terms and Conditions. Plans are determined by the number of visits and the number of domains a user can track.

The Free Plan will be activated once you confirm your email address by clicking on the link provided to you after you register your account. The Paid Plan will become available within one working day of payment being received.

The Paid Plan will record page views every month that payment is received. Recording is limited by the number of visits you have chosen and paid to record every month. Any unused visits within the month are not carried forward to the next month.

Details of the charges and plans are displayed on the www.formisimo.com website.

You can increase or decrease the number of visits you want to record with Formisimo within a month at any point by contacting bonjourno@formisimo.com. The monthly cost of using Formisimo will be adjusted at the next monthly billing point to take account of the requested change. The cost of using Formisimo cannot be decreased to below the minimum monthly cost unless downgrading to the Free Plan.

From time to time, the costs of using Formisimo may change. Any change in the price will be displayed on the www.formisimo.com web site and notified in advance to existing subscribers. Any change in price will be implemented at the next available billing date.

All fees related to the use of Formisimo are paid in advance and no fees are refundable.

If any fees related to the use of Formisimo are unpaid and outstanding, Formisimo Ltd reserves the right to close the Formisimo subscription account and remove all associated user access accounts and recorded data.

Security

Your Formisimo account is protected by a username and password, and should be accessed only by you or authorized third parties. For maximum protection, you should protect against unauthorized access to your username and password and remember to log off when using any shared computer or device.

Formisimo has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited access and SSL encryption to protect transmission of data. However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access your data, information you provide to Formisimo, information we compile on your behalf, and/or information that we collect about you. Formisimo cannot guarantee the security of such information and is not responsible for unauthorized access to client accounts.

You should not share your Formisimo account user name and password with any other individual. You are responsible for maintaining the security of your Formisimo user account name and password. We advise that you do not share you username and password with anyone, and change it at least monthly.

Formisimo Ltd is not liable for any loss and/or damage resulting from your failure to comply with this obligation. You should notify Formisimo Ltd immediately upon learning of any unauthorized use of your Formisimo account or any other breach of security.

From time to time, staff employed by Formisimo Ltd may require access to your Formisimo account and the information recorded within it for the purposes of product support, audit, maintenance and enhancement. You hereby agree and authorise access to the data recorded within your account by Formisimo Ltd staff for these purposes.

Service Failures

Formisimo does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime

  1. caused by outages to any public Internet backbones, networks or servers;
  2. caused by any failures of your equipment, systems or local access services;
  3. for previously scheduled maintenance; or
  4. relating to events beyond Formisimo's control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Formisimo or your servers are located or co-located.
Publicity

Upon accepting these terms and conditions, you grant us unlimited permission to display your name, logo, and testimonials solely for marketing purposes and to identify you as a current or previous user of the Software and the service.

Disclaimer

The materials on Formisimo's web site are provided (as is). Formisimo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Formisimo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Formisimo or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Formisimo's site, even if Formisimo or a Formisimo authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnification

You agree to indemnify, hold harmless and (if requested by Formisimo) defend Formisimo, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against Formisimo or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Formisimo or any of its officers, directors, employees, agents or affiliates, arising out of or relating to

  1. your breach of any term or condition of this Agreement,
  2. your use of the Services, or
  3. your unauthorized use of the Formisimo Script.

In such instances, Formisimo will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to Formisimo within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. Formisimo reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Revisions and Errata

The materials appearing on Formisimo's web site could include technical, typographical, or photographic errors. Formisimo does not warrant that any of the materials on its web site are accurate, complete, or current. Formisimo may make changes to the materials contained on its web site at any time without notice. Formisimo does not, however, make any commitment to update the materials.

Applicable Law

This agreement shall be governed by the laws of England and Wales.