Terms of Service
Last Updated: April 12, 2021
Please read this Agreement carefully to ensure you understand each provision.
These Terms of Use apply to all users of the MyCloudForms Service. Please note that if you have executed a separate written agreement with The Doctor Company Inc, the provider of the MyCloudForms Service, regarding your use of certain MyCloudForms Services, that agreement and not these Terms of Use applies to those MyCloudForms Services.
These Terms of Service (“Terms”) govern your use of MyCloudForms web site located at https://www.mycloudforms.com (the “Site”) and the services that are made available through the Site (collectively, the “MyCloudForms”). Please read these Terms carefully. By using the MyCloudForms Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the MyCloudForms Service.
Arbitration Agreement. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Your Responsibilities. You agree not to use the MyCloudForms Service to violate any local, state, provincial national, or international law or regulation.
Your Account Terms. You may not access the MyCloudForms Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current MyCloudForms Plan allows. The sharing of your MyCloudForms Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and you are responsible to ensure that each User associated with your MyCloudForms Account complies with these Terms. MyCloudForms nor The Doctor Company Inc. is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account and all activity that occurs under your MyCloudForms account (even when Data is posted by others who have accounts under your Account). You may not use the MyCloudForms Service for any illegal or unauthorized purpose as described in the Terms of Use.
Retention of Form Data
MyCloudForms will retain submitted form data for a period of 180 days from time of submission. After such time, form data will be purged from the MyCloudForms servers. It is the sole responsibility of the account holder to download and archive form data.
Forms and Submissions
MyCloudForms does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the MyCloudForms Service (“Forms and Submissions”). As between MyCloudForms and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report “public”, you grant MyCloudForms Inc. a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. MyCloudForms Inc. does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.
Automatic Renewal
Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your MyCloudForms subscription will automatically renew at the end of each billing cycle until you cancel your MyCloudForms. You can disable auto-renwal of your plan by signing into your Account Portal and navigating to Billing -> My Plans. If you downgrade, your account will remain at your current plan through the end of your current billing cycle.
Credit card details
If you have elected to pay the fees for a MyCloudForms subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, MyCloudForms may suspend or cancel your MyCloudForms subscription.
Downgrades
Downgrading your MyCloudForms account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, MyCloudForms nor The Doctor Company Inc. does not accept any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data.
Cancellation
Paid plans are subscriptions that auto-renew by default. You can cancel auto-renew at any time to cancel your subscription. To cancel your MyCloudForms subscription at any time, go to the Billing -> My Plans section of your account, and disable Auto Renew. Canceling auto-renew prevents your payment method from being charged at your next billing date. Your current subscription (the time you already paid for) isn’t affected, so you’ll continue to be able to access and benefit from paid features until the plan terminates on your next billing date.
Spam
You agree that MyCloudForms or The Doctor company Inc. may terminate your MyCloudForms Service immediately if a form created or MyCloudForms, Inc. is found to be used inside an unsolicited email.
Scams
You agree that you will not use the MyCloudForms Service or any form(s) you create using the MyCloudForms Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a MyCloudForms form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
Phishing
You agree that MyCloudForms or The Doctor Company Inc. may terminate your MyCloudForms Service immediately if a form’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
Collecting Sensitive Information
You may not use the MyCloudForms Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as Medical History or driver’s license numbers, but you are required to use best security practices of MyCloudForms including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
Additional information for all users
With regard to privacy laws, MyCloudForms does not sell or share or make available your form data without your express permission. Although we do not sell or share your personal information, if you would like to opt-out from us ever doing so, please submit a written request to support@mycloudforms.com.
Copyright Infringement
MyCloudForms respects the intellectual property rights of others. Accordingly, MycloudForms has a policy of disabling access to any Submission that violates copyright law, suspending access to the MyCloudForms Service to any user who uses the MyCloudForms Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the MyCloudForms Service in violation of copyright law.
Payments
MyCloudForms offers payments through third-party payment processors. By accepting this agreement with MyCloudForms, you indicate that you have reviewed the Terms of Service and Privacy Policy of the payment processor for the country in which you are located and agree to both.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the MyCloudForms Service. We may add to the fees at the then applicable rates.
Termination
You agree that MyCloudForms or The Doctor Company Inc. may terminate your MyCloudForms Service membership or suspend your access to all or part of the MyCloudForms Service, without notice, if MyCloudForms Inc. determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that MycloudForms shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the MyCloudForms Service. You may discontinue your participation in and access to the MyCloudForms Service at any time.
Upon termination of this Agreement, for any reason, you agree to cease all use of the MyCloudForms Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.
Modifications To Terms
MyCloudForms or the Doctor Company Inc. may, in its sole and absolute discretion, change these Terms from time to time. MyCloudForms will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the MyCloudForms Service. Continued use of the MyCloudForms Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To MyCloudForms Service Prices
MyCloudForms reserves the right to modify or discontinue the MyCloudForms Service with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the MyCloudForms website or the MyCloudForms Service itself.
MyCloudForms reserves the right to modify, with or without notice, the limit of form sends associated with any plan that is designated as free or without charge.
MyCloudForms nor The Doctor Company Inc. shall not be liable to you or any third party should MyCloudForms exercise its right to modify or discontinue the MyCloudForms Service.
MyCloudForms nor the doctor company Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.
MyCloudForms nor the doctor company Inc. shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.
Email Communications
By giving your email address to MyCloudForms and The Doctor Company Inc. you agree to receive administrative, announcements, newsletters, sales, and marketing emails from MyCloudForms You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
Links
MyCloudForms provision of a link to any other website or Internet resource is for your convenience only and does not signify MyCloudForms or The doctor Company Inc.’s endorsement of such other web site or resource or its contents. MyCloudForms nor The doctor company Inc.shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.
MyCloudForms nor The Doctor Company Inc. is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, MyCloudForms provides links to resources. MyCloudForms makes no representations as to the quality, suitability, functionality or legality of any websites to which MyCloudForms may provide links, and you hereby waives any claim you or the User may have against MyCloudForms or The Doctor Company Inc. with respect to any such websites. Unless you have a written agreement or a specific consent in effect with MyCloudForms or The Doctor Company Inc. which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that MyCloudForms is affiliated with any person or entity, or that MyCloudForms otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the MyCloudForms name; (c) all links to the Websites must “point” to the URL “www.MyCloudForms.com” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website.
Without limiting any of the above, MyCloudForms and The Doctor Company Inc. reserves the right to revoke its consent to any link to the MyCloudForms website, at any time in its sole discretion.
No Resale Of MyCloudForms Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which MyCloudForms or the Doctor Company Inc. agrees you retain all rights) of the MyCloudForms Service, use of the MyCloudForms Service, or access to the MyCloudForms Service.
Email Delivery
When someone submits your forms, by default you’ll receive the results as an email notification. MyCloudForms goes to great lengths to ensure successful delivery of emails and texts. We do not guarantee successful delivery of your email notifications. We recommend checking the MyCloudForms site daily to make sure you did not miss any form submission notifications.
Form Availability
MyCloudForms makes no warranty that forms provided by MyCloudForms Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.
Disclaimer of Warranties
You understand and expressly agree that use of the MyCloudForms Service is at your sole risk. The MyCloudForms Service is provided on an “as is” and “as available” basis. MyCloudForms and the doctor company Inc. expressly disclaims all warranties of any kind, whether express or implied, with respect to the MyCloudForms Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). MyCloudForms nor The Doctor Company Inc. makes no warranty that the MyCloudForms Service will meet your requirements, or that the MyCloudForms Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of MyCloudForms is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from MyCloudForms or The Doctor Company Inc. or through the MyCloudForms Service shall create any warranty not expressly made herein.
Limitation of Liability
You understand and expressly agree that, to the extent permitted under applicable law, in no event will MyCloudForms nor the doctor company Inc. or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the MyCloudForms Service.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that MyCloudForms or The Doctor Company Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MyCloudForms or the Doctor Company Inc.’s liability shall be the minimum permitted under such applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless MyCloudForms and The Doctor Company Inc., its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the MyCloudForms Service, (b) your (or anyone using your account’s) use of the MyCloudForms Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
Miscellaneous
These Terms constitute the entire and exclusive and final statement of the agreement between you and MyCloudForms and The Doctor Company Inc. with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and MyCloudForms or The Doctor Company Inc. with respect to the subject matter hereof. These Terms and the relationship between you and MyCloudForms and The Doctor Company Inc. shall be governed by the laws of Ontario as applied to agreements made, entered into, and performed entirely in Ontario by Ontario residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the MyCloudForms Service shall be brought in the Federal or Provincial courts located in Ontario, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of MyCloudForms or The Doctor Company Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of MyCloudForms and The Doctor Company Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MyCloudForms Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the MyCloudForms Service.
Privacy Policy
By using MyCloudForms Services you indicate acceptance of these terms and agree to our Privacy Policy.
It is the policy of MyCloudForms and The Doctor Company Inc. to respect the privacy of all Users. Your use of the MyCloudForms Service as well as certain other information about you is subject to the terms and conditions of our Privacy Policy, which is incorporated into these Terms by reference.
Questions
If you have any questions about this terms of use, please feel free to contact us support@mycloudforms.com