The terms “we”, “us” and “our” used below refer to THECHOIT.
If you are an enterprise user or you obtained a subscription or right to use the Platform from a third party authorized to do so by THECHOIT, these terms do not apply to you.
Except for our free Starter version of the THECHOIT Platform, your right to use the Platform depends on you timely paying the required fees. Free or Paid obtain a subscription to use the Platform once they pay; free/Starter users obtain no subscription but may still use the Platform. All users must comply with these terms.
You agree to use the Platform only as permitted in these Terms.
You accept and assume sole responsibility for your use of the Platform.
You may not share your log-in info/credentials or otherwise allow anyone else to use them to access the Platform.
You agree that you will always comply with all applicable laws in connection with your use of the Platform. This means not violating any applicable law, legal right or protection, including but not limited to third parties’ privacy rights and intellectual property rights.
You agree that we have the absolute and unconditional right to remove any form that we believe is being or has been used or offered in connection with any of the above prohibited purposes or activities.
You and your agents hereby forever release THECHOIT from any and all responsibility for any and all wrongs and violations of our terms or of the law committed by you relating to your use of the Platform.
You agree not to reproduce, duplicate, reverse engineer, copy, sell, resell, or exploit for any commercial purposes the Platform or any portion thereof or the offer or sell the right to use the Platform.
You accept and have sole responsibility for the forms, tables, submission pages, and other content that you create or that is generated as you use the Platform. When you make such content “public”, or set your account settings to allow the content to become public, or you don’t change a default setting that would allow a form, a table or other content that is generated as you use the Platform to be made public, you acknowledge and agree that the content will in fact be available to the public on our websites. By allowing such content to become public, you grant THECHOIT a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content on our websites. Of course, you may choose to apply settings to your account to make or keep forms private.
You must provide 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 THECHOIT plan allows. The sharing of your THECHOIT Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and for ensuring that each User associated with your THECCHOIT Account complies with these Terms. You may not access the THECHOIT Platform through automated methods, such as using bots or computer code to call or ping the Platform or our website.
A. Payments. We charge sales taxes on subscriptions where we are required to do so under applicable law. No other taxes will be charged. You are responsible for payment of any and all taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties, that may be imposed on you by any governing authority in any jurisdiction in connection with your subscription.
THECHOIT offers payments through third-party payment processors. By making payments to us for THECHOIT services, you indicate that you have reviewed these Terms and the privacy policy of the payment processor that processes your payment to us.
If you use a credit card to pay for your THECHOIT subscription, you represent and warrant that the credit card information you provide is correct and that you will 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, THECHOIT may suspend or cancel your THECHOIT subscription.
B. 30 Day Money Back Policy. If for any reason you decide to cancel your account within 10 days of your payment, you will be issued a refund for the full amount. If you purchased your THECHOIT subscription through the THECHOIT website or Google Play, please submit a refund request to the THECHOIT Support Team.Subscriptions purchased via the Apple App Store are subject to the Apple App Store refund policies – THECHOIT cannot refund payment(s) you made to Apple. To request a refund, please review Apple’s refund process: https://support.apple.com/HT204084.
You accept and agree that you have sole responsibility for the information, data, and content (collectively “Data”) you receive or collect from or in the forms that you create or use in connection with the Platform, and for what you do with that Data. You agree that THECHOIT is not responsible for and does not own any of that Data.
You hereby authorize us to access, use and display Data for the purpose of and to the extent necessary to provide the Platform to you, customer support to you, to protect the Data, to protect our online and computer resources from unlawful cyberattacks, and to fulfill our legal obligations.
See our privacy policy for more info on how we gather, use, and disclose personal and private information to which we are given access in connection with our provision and operation of the Platform – including your personal information. We will not modify Data or your personal info, or sell or rent it to any other party.
If you collect personal data in or from the EU or EU residents, you must use the EU Safe Forms feature of THECHOIT Platform.
You are permitted to use the Platform for the period of time for which you have paid us the required fees to use the Platform. You agree that we may immediately and permanently shut off your access to the Platform if you materially breach any provision of this Agreement.
You are permitted to use the Platform for the period of time for which you have paid us the required fees to use the Platform. You agree that we may immediately and permanently shut off your access to the Platform if you materially breach any provision of this Agreement.
The services are provided as-is. THECHOIT disclaims all implied representations and warranties, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement of third-party rights, to the maximum extent permitted by applicable law.
THECHOIT 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 for data you collect from form submissions, whether or not you personally posted, gathered, or received the data.
You agree that you will defend THECHOIT against claims, including but not limited to lawsuits, brought by third parties against THECHOIT arising out of your forms or your use of the Platform or your use, collection, or disclosure of Data; this includes but is not limited to claims that arise from your violation of these Terms or of the law or of another person or entity’s legal rights or of intellectual property rights such as copyright, trademark, or patent rights. You also agree to indemnify THECHOIT against damages and costs (including reasonable attorneys’ fees and court costs) awarded by a court or other tribunal in favor of the claimant or in settlement of the claim. We will defend and indemnify you against third party lawsuits arising out of THECHOIT’s violation of applicable law, and we reserve the right to settle such claims out of court, at our expense, without your approval.
Except as impermissible under law, in no event shall THECHOIT’s liability arising out of or related to this agreement whether in contract, tort or under any other theory of liability, exceed in the aggregate the total amount paid by you for the services in the twelve (12) months immediately preceding when the claim arose.
THECHOIT accepts no liability for the actions of any third party you engage or work with to assist or help you with your use of our platform or forms.
Except if and to the extent prohibited by law, in no event shall we be liable to you for any lost profits, lost time, lost business, lost revenues, reimbursement of monies paid by you to third parties to help you use or learn to use or operate the platform or to deal with real or perceived issues with the platform, or for any indirect, special, punitive, incidental, or consequential damages arising under this agreement, even if you have advised us of the possibility of such damages occurring.
The limitations set forth in this section 11 shall apply notwithstanding the failure of the essential purpose of any remedy and regardless of the legal or equitable theory on which claims are brought.
If you have any questions about this terms of use, please feel free to contact us