Thank you for your interest in this application “formrun” for your mobile device (the "App") provided to you ("you" or “user”) by Mixtape, Inc. ("Mixtape" "us" or "we"), and our web site at https://form.run/company as well as all related websites, networks, downloadable software, and other services provided by us and on which a link to this Terms of Service is displayed (collectively, together with the App and Website, our "Service").
BY DOWNLOADING, ACCESSING OR USING THE MIXTAPE APP AND SERVICE, YOU ARE CONCLUDING AND CONFIRMING A LEGALLY BINDING CONTRACT BASED ON THESE TERMS.
You may collect or manage personal information or other information from your client, potential client or other third party (“Users’ Clients”) through the Service.
You shall notify Users’ Clients and have them acknowledge and agree the Terms and any other applicable policies and guidelines, as may updated from time to time. You affirm, represent and warrant that Users’ Clients acknowledge and agree the Terms.
As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that the Terms include, the following material terms:
Users are entirely responsible for the collection of the information (including personally identifiable information) of the Users’ Clients, transactions or communication between the Users’ Clients conducted through or in relation to the Service. Mixtape does not transact or communicate with the Users’ Clients, either for itself or on behalf of others;
the Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
the Service is provided "as is" without warranties of any kind and Mixtape’s liability to you is limited; and
Mixtape is not involved in disputes between users or Users’Clients.
The Service is support service of creation and management of online forms and user database. Mixtape does not transact or communicate with Users’ Clients, either for itself or on behalf of others. Users are entirely responsible for the collection of the information of the Users’ Clients, transactions or communication between the Users’ Clients.
You (or Users’ Clients, as applicable, hereinafter the same in this Article 2.1) must be an individual who is at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. The Service is available only to individuals who can form legally binding contracts under applicable laws. If you are a minor, adult ward, or person under curatorship or assistance, you must obtain approval from your legal representative, guardian, curator or assistant for the use of the Service.
To access most features of the Service, you must register for an account. You may only register for one account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, nickname, e-mail address or other identification information) ("User Information"). You agree that the User Information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You shall not transfer, sell, pledge, lend, rent, or otherwise dispose of your account information. If you have reason to believe that your account is no longer secure, then you must immediately notify us through the Guide Section. Mixtape may choose in its sole discretion not to approve your account registration if:
The Service is licensed, not sold, to you for use only under the terms of this license. Mixtape reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Mixtape hereby grants you a personal, limited, revocable, non-transferable license to use the Service on a device that you own or control, solely for your own use. You may not modify, alter, reproduce, distribute or make the Service available over a network where it could be used by multiple devices at the same time unless it is expressly approved under these Terms. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Mixtape that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The Service may include open source software or third party software. Any such software is made available to user under the terms of the applicable licenses. Please refer to the Guide Section for the applicable notices and license terms.
Mixtape may provide tools through the Service that enable you to export information to third party services, including through features that allow users to link their account on Mixtape with an account on the third party service, such as Google, Facebook, Twitter or LinkedIn or through our implementation of third party buttons (such as "share" buttons). By using one of these tools, you agree that Mixtape may transfer that information to the applicable third party service. Third party services are not under Mixtape’s control, and Mixtape is not responsible for any third party service’s use of a user’s exported information. The Service may also contain links to third party websites. Linked websites are not under Mixtape control, and Mixtape is not responsible for their content.
You may terminate your account by contacting customer service through the Guide Section and approved by us. If you terminate your account, you: (i) remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination; and (ii) remain obligated to resolve any disputes with Users’ Client that are instigated prior to termination. Mixtape has no obligation to make refunds or other payments to you upon or after the receipt of your termination request.
In addition, Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. Mixtape makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
By posting or publishing User Content, you grant Mixtape a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Mixtape’s use of your User Content may be without any compensation paid to you.
By posting or publishing User Content, you grant Third Party Service Provider a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed), for the purpose of providing the Service. Use of your User Content by Third Party Service Provider may be without any compensation paid to you.
By posting and sharing User Content with another user of the Service or Users’ Clients, you grant that user or Users’ Client a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
If Mixtape determines that you breach any of the representations and warranties, or your User Content is otherwise inappropriate, in addition to taking the actions provided in Article 10, Mixtape may, at its discretion, remove the User Content with or without notice to you.
Certain features of the Service may permit Users’ Clients to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("Users’ Client Content") and to publish Users’ Client Content on the Service. Users’ Clients retain copyright and any other proprietary rights that Users’ Client may hold in the Users’ Client Content that Users’ Clients post to the Service.
You grant Mixtape a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute User Clients’ Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed), for the following purposes, as statistical information that cannot identify individuals.
Mixtape’s use of Users’ Client Content may be without any compensation paid to you or Users’ Client.
You grant Third Party Service Provider a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute Users’ Client Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed), for the purpose of providing the Service. Use of Users’ Client Content by Third Party Service Provider may be without any compensation paid to you.
With respect to Users’ Client Content, you affirm, represent, and warrant that:
c. you made all necessary notifications including the following to Users’ Clients and obtain all necessary grant and approval from Users’ Clients.
If Mixtape determines that you breach any of the representations and warranties, or Users’ Client Content is otherwise inappropriate, in addition to taking the actions provided in Article 10, Mixtape may, at its discretion, remove Users’ Client Content with or without notice to you.
By using the service you agree not to:
Mixtape may contact users to verify their User Information if Mixtape suspects such prohibited conduct has occurred. Mixtape may refuse a user access to or suspend a user from all or part of the Service until the completion of such verification. Mixtape may prohibit a user that is terminated for engaging in any prohibited conduct from using and accessing any future services provided by Mixtape. Mixtape will not be obligated to refund any payments or provide any compensation in connection with acts taken by Mixtape in accordance with this Article.
If you violate any provision of these Terms (including Third Party Terms, hereinafter the same in this Article 10), your permission to use the Service will terminate automatically. In addition, Mixtape (including Third Party Service Provider, hereinafter the same in this Article 10), may in its sole discretion terminate your user account on the Service (including Third Party Service, hereinafter the same in this Article 10), or suspend or terminate your access to the Service at any time, with or without notice. Reasons for such suspension or termination include but are not limited to: (i) you become insolvent, or file for bankruptcy; (ii) you suspend your payments, or are unable to pay fees or other payments to Mixtape or other users as they become due; (iii) the bank account or credit card you use to conduct transactions on the Service is closed, seized, or frozen; or (iv) you violate any law or regulation or any provisions of these Terms or Mixtape suspects such violation has occurred. We also reserve the right to modify, suspend or discontinue the Service at any time for any reason (including by limiting or discontinuing certain features of the Service) with or without notice to you.
The Service consists of free service and fee-based service. For fee-based service, Users agree to pay Mixtape the applicable service fees, which is defined in the Terms or otherwise determined by Mixtape. Users must pay the applicable service fees by credit card or other payment method determined by us. When you pay by credit card, you process credit card payment by due date determined by us in accordance with procedures determined by us. When there is any change on your credit card information, you promptly notify the change to us in accordance with procedures determined by us, and assure and warrant that your credit card information registered to the Service is latest and accurate. A 6% (per annum) late payment fee will be added to amount due if the payment is not received by due date. Mixtape will not refund service fees for any reason whatsoever unless required to do so under laws and regulations. In such a case, the method for refunding the fees shall be determined by Mixtape in accordance with applicable laws and regulations.
Mixtape may decide and amend the amount of fees for fee-based service and notify users as necessary by means designated by Mixtape. Mixtape will not be responsible for any losses incurred by Users due to such changes. The details of terms and conditions of fee-based service are available in the Guide Section or Service. You must comply with such terms and conditions when they use fee-based service.
We (including Third Party Service Provider, hereinafter the same in this Article 12) reserve the right, at our discretion, to modify these Terms (including Third Party Terms, hereinafter the same in this Article 12) on a going-forward basis at any time, with or without prior notice. In the case of material changes to these Terms, Mixtape will make reasonable efforts to notify you of the change, such as through a pop-up window on the Service, through sending an email to any email address you may have used to register for an account, or other similar mechanism. Your use of the Service following the date of such change constitutes your agreement to be bound by the modified Terms. If you do not agree to the modified Terms, your sole and exclusive remedy is to terminate your account and you may no longer use the Service. Disputes arising under the Terms will be resolved in accordance with the version of the Terms that was in effect at the time the dispute arose.
When we modify these Terms, Users must promptly notify the changes to Users’ Clients. Use of the Service by Users’ Clients following the date of such change constitutes such Users’ Clients’ agreement to be bound by the modified Terms. If Users’ Clients do not agree to the modified Terms, their sole and exclusive remedy is to terminate the use of the Service.
The Service (including Third Party Service, hereinafter the same in this Article 13) is owned and operated by Mixtape (or Third Party Service Provider, as applicable, hereinafter the same in this Article 13). The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by Mixtape are protected by intellectual property and other laws. All Materials contained in the Service are the property of Mixtape or our third party licensors. Except as expressly authorized by Mixtape, you may not make use of the Materials. Mixtape reserves all rights to the Materials not granted expressly in these Terms.
While Mixtape is continually working to develop and evaluate Mixtape product ideas and features, Mixtape prides itself on paying close attention to feedback, comments, and suggestions from users. If you choose to contribute by sending Mixtape any ideas for products, services, features, modifications, enhancements, refinements, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, you agree that:
A user shall provide and maintain, at their own cost and responsibility, the computers, smartphones, and other devices, software, communication lines, and any other communication environment that are required to receive the Service (including Third Party Service, hereinafter the same in this Article 14 and Article 15). Mixtape (including Third Party Service Provider, hereinafter the same in this Article 14 and Article 15) makes no representation or warranty that the Service is compatible with any particular device or network, and does not provide any support to users with regards to the provision, installation, and operation of any such devices.
If there is a dispute between users, between Users’ Clients, between a user and Users’ Client or between a user or Users’ Client and a third party in connection with the Service, the problem shall be resolved by such users at their own cost, provided that Mixtape may join the discussion at its discretion and that Mixtape shall not bear any liability related to such disputes. If Mixtape incurs any damages due to such disputes, the parties shall jointly and severally compensate Mixtape for such damages. If you have a dispute with one or more users or Users’ Clients, you release Mixtape (and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Mixtape Entities") from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify the Mixtape Entities from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MIXTAPE ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE MIXTAPE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, ACCURATE, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MIXTAPE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL THE MIXTAPE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MIXTAPE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE MIXTAPE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO MIXTAPE FOR ACCESS TO AND USE OF THE SERVICE IN 1 MONTH PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS ARTICLE 15.3 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If Mixtape determines that there is a need to notify or contact a user, it will do so by sending a text message, email, or letter to the email address or address provided by the user. Mixtape shall not be liable for any damages incurred due to the fact that Mixtape’s notice or communication was not received or was delayed. You may contact us by filling out an inquiry form in the Service.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
The Terms shall be governed and construed under the laws of Japan. Any dispute that arises between you and Mixtape shall be submitted to the exclusive jurisdiction of Tokyo district court. The following Articles survive any termination of the agreement formed by your acceptance of these Terms: 2, 4 through 17.