Effective Date: May 27, 2024
Mokaform is a platform provided and operated by Mokaform, a French corporation (“Mokaform,” “we,” “us,” and/or “our”), located at https://www.mokaform.com/ (including all the areas available through such platform, the “Site”) and the Services (as defined below). Before using our Services, please carefully read these Terms of Service (“Terms” or “Agreement”). These Terms govern your use of the Services.
By creating an account or using the Services, you (“User” or “you”) acknowledge and agree to these legally binding Terms. You also agree to the Mokaform Privacy Policy (“Privacy Policy”) and all other operational rules, policies, and procedures that may be published or otherwise made available on the Services, which are incorporated by reference.
You agree to use the Services only for lawful purposes, and that you are responsible for all activity in connection with your use of the Services and in your communications with us, all of which must comply with these Terms. You hereby represent and warrant that you have the authority and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement on behalf of yourself and/or an entity, and that you are able to abide by and comply with this Agreement.
Mokaform provides services for building dynamic, multi-step web forms (“Forms”) and related services, features, content, applications, or products, together with the Site, the “Services.” Our Services may change from time to time and we reserve the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, integration, or Content), whether temporarily or permanently, at any time for any reason. You agree that Mokaform shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
We may make Forms and certain software tools available to you in order to access and use the Services in accordance with these Terms. Depending on your subscription plan for the Services, you may choose to have us store the data, materials, or other input that you collect through use of the Forms (“Form Input”) or you may choose to store the Form Input on your own systems or with a cloud infrastructure provider of your choice.
In order to use certain aspects of the Services, Users are required to have a Mokaform account (“Account”) and provide certain information about such Account holder as prompted by the account registration form. You must be at least eighteen (18) years of age, or the age of majority in your applicable state, to register an account.
You represent and warrant that the information in your Account, and any other information you otherwise provide to us, is accurate, current, and complete information, and agree to update it and keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account or your access to the Services if any information provided to us proves to be untrue, inaccurate, not current, or incomplete. You are solely responsible for maintaining the confidentiality of your Account and login credentials, and you agree to accept responsibility for all activities, charges, and damages that occur under your Account. EACH INDIVIDUAL USER MUST MAINTAIN AN INDIVIDUAL USER ACCOUNT WITH UNIQUE LOGIN CREDENTIALS, INCLUDING USERNAME AND PASSWORD, IF APPLICABLE.
It shall be a violation of these Terms to submit false information for registration or account maintenance, or to allow any other person to use your Account to participate in or otherwise use the Services. If you discover any unauthorized use of your Account, or other known Account-related security breaches, you must report it to us immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Terms or law. We reserve the right to modify, suspend, or discontinue all or any aspect of the Services with or without notice to you, including the suspension or takedown of any Form.
You understand and agree that you will not use the Services to engage in the following prohibited conduct:
If for any reason, we determine that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
Mokaform maintains administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of the personally identifiable information of an identified or identifiable natural person (“PII”). However, Mokaform has no control over the nature, scope, or origin of, or the means by which a User acquires, any PII that such User may submit or upload to the Services or Form Input that User may collect through the Services. You are solely responsible for ensuring your compliance with any and all applicable laws, rules, or regulations applicable to the types of data, including PII, that you submit or make available to, or request or collect through, the Services. You represent and warrant to us that when you submit or make available any PII to, or
request or collect through, the Services, you have obtained all necessary prior written consents, approvals, or authorizations from such natural persons to share such PII with Mokaform (as applicable pursuant to your subscription plan for Services) and you agree to provide all copies of each such consent, approval, or authorization to Mokaform upon reasonable request.
Mokaform is not responsible for any loss or damage arising out of any decisions ultimately made or implemented based on your use of the Services. You understand and agree that any guidance Mokaform provides as part of the Services is for informational purposes only. You understand and acknowledge that Mokaform does not guarantee the existence, quality, safety, or legality of any content or information made available on or through the Services.
Subject to the terms of the Mokaform Privacy Policy, your direct interactions (if any) with other Users of the Services or Forms, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that individual user. You further understand and agree that the Services merely enable the building and submission of Forms to be used by you in order to make available to others, and that Mokaform is not involved in any actual transactions enabled by your use of the Forms, and that it is not responsible for any loss or damage incurred as the result of any such dealings. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE SERVICE), MOKAFORM IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE MOKAFORM FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE.
While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system downtime for routine maintenance. You further acknowledge that there may be interruptions in the Services or events on third-party sites that may affect your use of the Services that are beyond our control to prevent or correct. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Services or for any delays or loss of material, data, transactions, or other information caused by system outages, whether planned or unplanned.
You have a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services and our Content solely for legally permitted activities related to our Services as outlined in these Terms. You agree to respect all legal or proprietary notices, information, and restrictions contained in any content accessed through the Services.
In using the Services, you may be able to: (a) create Forms, (b) post, upload, or otherwise make available certain information or documentation, or (c) request or collect Form Input, in each case through the Services, in order to use, or continue using, the Services (collectively, “User Content”). You understand and agree that you are responsible for whatever material you submit or collect through the Services and that you, not Mokaform, have full responsibility for your User Content, including its legality, reliability, accuracy, appropriateness, originality, and copyright. By submitting User Content to the Services, you grant us and our service providers and business partners a nonexclusive, royalty-free, sublicensable, and transferable (in whole or in part) worldwide license to use, modify, display, reproduce, and distribute such User Content on and through the Services in order to provide the Services.
In order to use certain features of the Services, you may be required to pay for the applicable subscription plan selected on the Site or via an order form for the Services (“Fees”). Mokaform charges the Fees on a recurring basis at the selected time interval for your paid subscription plan (either monthly or annually in advance) to the payment method that you designate with Mokaform. If your payment fails or if your payment information expires, you will be notified by Mokaform and access to the Services will be suspended until payment is received. Mokaform reserves the right to restrict access to your Account or terminate your Account for nonpayment if such nonpayment is not corrected within thirty (30) days. If you dispute any charges, you must inform us in writing within thirty (30) days of being billed by us. All payments are final and non-refundable.
Subject to this section, this Agreement shall remain in full force and effect while you use the Services. You may terminate your Account in accordance with your selected subscription plan through your account settings or by sending us an email at support@mokaform.com.
If you are a paid subscriber of the Services, your paid subscription will be automatically renewed and the payment method on file with your Account will be automatically charged to your designated payment method for each new subscription period in your subscription plan unless you notify us in writing of your intent to cancel your paid subscription at least 30 days prior to your next subscription billing period.
We may suspend or cancel your Account without notice to you if you violate this Agreement, or for any reason at all. If your Account is canceled, we reserve the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data from your Account.
Upon termination of your Account, your license to use our Services (including any Forms) terminates. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your Account was terminated shall survive termination. For the avoidance of doubt, we may retain certain User Content in our backups, archives, and disaster recovery systems in order to comply with applicable legal requirements or until such User Content is deleted in the ordinary course of business. Termination will not limit any of Mokaform’s rights or remedies at law or equity.
The Services may contain links to other websites or resources on the internet, or integrations with Mokaform’s third-party service providers, such as cloud infrastructure providers. Links on the Services to third-party websites, if any, are provided only as a convenience to you and such links are not under the control of Mokaform. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links in the Services does not imply control of, endorsement by, or affiliation with Mokaform. Your dealings with third parties are solely between you and such third parties. You agree that we will not be responsible or liable for any content, goods, or services provided on or through these outside websites or integrated services or for your use or inability to use such websites or services. You will use these links or integrated services at your own risk.
We own all rights, title, and interest, including any patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property or proprietary rights (collectively, “Intellectual Property”) in and to the Site and Services, or we are an authorized licensee for all Intellectual Property used for purposes of providing the Site and Services. All right, title, and interest in and to the Intellectual Property are and will remain with Mokaform or its licensors. You will not use such Intellectual Property to develop competitive Services or sell, design, reverse engineer, decompile or disable any of the Services or software or change, translate, or otherwise create derivative works based off our Content. All other Content viewed through the Services is the property of its respective owner.
We, including our affiliates, may ask you for your voluntary Feedback on your experience with the Services. We shall become the owner of any User reviews, comments, suggestions, or other feedback regarding the Services submitted through the Services or on Mokaform's social media pages, if applicable (collectively, "Feedback") and we may share with any of our affiliates. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Mokaform, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the Feedback. You agree that any Feedback you submit to Mokaform will not contain any information or ideas that you consider to be confidential or proprietary. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO MOKAFORM.
You acknowledge and agree that, except as otherwise expressly provided in these Terms or Privacy Policy, we are not responsible for any of your User Content, whether provided by you or others, or any information that you submit via the Services. You represent and warrant to us that (a) you own the User Content, or you otherwise have the legal right to use it, and you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit to the Services; (b) your User Content and Feedback will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from
the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein; (c) you have no agreement with or obligations to any third party with respect to the rights herein granted which conflict or interfere with or adversely affect any of the provisions of these Terms or Privacy Policy, or the use or enjoyment by us of any of the rights herein granted, and (d) you agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Services. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.
We may refuse to accept or transmit User Content. Additionally, we shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content solely for the purpose of providing the Services to you.
Unless otherwise agreed with us as part of your subscription plan, you acknowledge and agree that we are not a data repository for any of your information or documentation, including but not limited to any Forms that you create or Form Input that you collect through use of the Services, and that you are solely responsible for backing up your User Content (including any information that you are authorized to obtain from through the Services) and/or keeping and maintaining such information or documentation in your personal records.
We, including our affiliates, reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing your User Content, terminating your Account in accordance with this Agreement, and/or reporting you to law enforcement authorities.
Mokaform complies with the Digital Millennium Copyright Act (DMCA). We will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Mokaform Copyright Agent by email at [Your Email] or by mail to the address in the Contact section. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for notice. Your email must contain the following information:
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, we have adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. We may also terminate User accounts even based on a single infringement.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Mokaform does not endorse and is not responsible or liable for any products, services, information, or materials available or unavailable from, or through, any third parties or other Users of the Service. You agree that should you use or rely on such products, services, information, or materials, Mokaform is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any other party or User, and any other terms, conditions, representations, or warranties associated with such dealings, are between you and such party exclusively and do not involve Mokaform. You should make whatever investigation or other resources that you deem necessary or appropriate before interacting with such other party or submitting data through a Form. YOU WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST MOKAFORM RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY USER OF THE SERVICE, AND RELEASE MOKAFORM FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY INTERACTIONS OR DEALINGS WITH THIRD PARTIES OR OTHER USERS OF THE SERVICES.
THE MOKAFORM SERVICES ARE PROVIDED TO USERS “AS-IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MOKAFORM AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. ALL INFORMATION PROVIDED ON OR THROUGH THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. MOKAFORM MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT INFORMATION MADE AVAILABLE THROUGH THE SERVICES IS ACCURATE OR COMPLETE, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, AND (III) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. FURTHER, MOKAFORM SHALL NOT BE LIABLE FOR ANY DECISION MADE OR IMPLEMENTED BASED ON USER’S USE OF THE SERVICES. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK, AND MOKAFORM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION COLLECTED BY YOUR USE OF THE FORMS, OR THE TRUTHFULNESS, ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR FAILURE BY THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE MOKAFORM, TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, CONTRACTORS, OR CONTENT PROVIDERS, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES. IF YOU ARE A RESIDENT OF A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, MOKAFORM’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Mokaform (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents, partners, suppliers, contractors, content providers, successors, and assigns) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement, including but
not limited to your breach of any law or the rights of a third party.
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of France, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that Mokaform and its Services are deemed passive and do not give rise to personal jurisdiction over Mokaform or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than France. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in France, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY DISPUTE, ACTION, OR PROCEEDING.
This Agreement is personal to the User and you may not assign, transfer, sublicense, subcontract, charge, or otherwise encumber any of your rights or obligations under this Agreement without the prior written consent of Mokaform. Any assignment in violation of this section shall be null and void. Mokaform may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
The parties agree that except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
Under these Terms, you are contracting with Mokaform, a French corporation. All notices should be addressed to us at the address in the Contact section below.
You acknowledge and agree that we may give you notice by means of a general notice on the Services, electronic mail to your email address in your account, text message, or by written communication sent by first-class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first-class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first-class mail or pre-paid post to the address set forth in the Contact section or at such other address as we may advise from time to time, pursuant to this provision.
These Terms and other referenced materials constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written, or electronic) between you and us with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal, or unenforceable, the remainder of these Terms shall not be affected and shall be valid, legal, and enforceable to the fullest extent permitted by law.
We reserve the right, at our sole discretion, to modify the Services, Terms, and/or Privacy Policy from time to time. If changes to the Terms or Privacy Policy occur, we will notify you by posting the updated terms on the Site or by email to the email affiliated with your account. Your continued use of the Services following the posting of such changes means you acknowledge and accept those changes and agree to be bound by the new terms and conditions. If you object to such changes, you must stop using the Services.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If you have any questions regarding these Terms, please contact us at support@mokaform.com or by mail at:
Mokaform
9 rue du Rhin
Paris 15019
France
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Please ensure this document is reviewed by a legal professional to comply with local laws and regulations.