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Terms of Service

Overview

These terms apply to Dexero FD, an online form building service, and you, a customer of Dexero FD.

Thanks for using Dexero FD!

Please read these Terms carefully. By using Dexero FD or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement.

Dexero FD (“Dexero FD” or the “Service”) is an online form building service offered through the URL www.dexero.com (we’ll refer to it as the “Website”).
Dexero FD allows you to build and publish online forms (your “Forms”), and manage form submissions (your “Entry” or “Entries”).
Dexero FD is owned and operated by Dexero inc. (“Dexero FD,” “we,” or “us”).
Dexero FD has employees (“our Team”).
As a customer of the Service or a representative of an organization that’s a customer of the Service, you’re a “User” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use Dexero FD, and how we’ll treat your account while you’re a User. If you have any questions about our terms, feel free to contact us.

Account

Eligibility

Adults agreeing to these terms may use Dexero FD.

You represent and warrant (legally promise) that:

you are at least 18 years of age or the applicable age of majority in your geographic area;
you possess the legal right and ability to enter into this Agreement and open an Account on your behalf or the organization you represent;
you agree to the Terms; and
you provided a valid email address and any other information required by us during the registration process;
you won’t use Dexero FD in a way that violates any laws or regulations.

Dexero FD may refuse service, close accounts of any users, and change eligibility requirements at any time.

Term

You and your organization agree to these terms when you sign up and continue to use Dexero FD.

The Term begins when you sign up for Dexero FD and continues as long as you use the Service and/or maintain an Account. During signup, you must explicitly consent to these terms and our Privacy Policy by clicking the agreement checkbox and entering and submitting your name and email address.

Closing Your Account

You can close your account at any time for any reason, and we can too.

When you close your account, all your information will be permanently deleted.

You or Dexero FD may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms.

If you have a free Individual Account and don’t log in for 6 or more months, we may treat your Account as “inactive” and permanently delete the Account and all the data associated with it.

Once terminated, we will make reasonable commercial efforts to permanently delete your account and all the data associated with it, including your Forms and Entries from our Website. While this information may be temporarily retained in residual backups, we cannot recover your data once you have closed your account.

You are solely responsible for properly closing your Account. There are two ways within Dexero FD to remove your account:

If you are the sole Owner of an organization, you can delete the organization from the Organization Settings page, which will delete the organization, all organization data, and cancel any monthly paid subscriptions.
You can delete your user account at any time at the bottom of the My Account page, which will also automatically delete any organizations for which you are the sole Owner.

Changes

If we need to change these terms, we’ll let you know, since they will immediately apply to your use of Dexero FD.

We may change any of the Terms by posting revised Terms of Service on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Dexero FD. We may change the Website, the Service, or any features of the Service at any time.

Username and Password

You are responsible for your username and password—do not share or lose them!

You’re responsible for keeping your account username and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords.

We don’t have access to your current password, and for security reasons, we cannot change your password. You can change your password at any time under account settings. If you have forgotten your password, you can use the “forgot password” option on the login page to reset your password. If you have forgotten the email address you used to sign up, we will do our best to help, but cannot change the email address of an account or otherwise change access to an account or organization data.

Account Disputes

You are responsible for maintaining ownership of your account—we’d rather not get caught up in office politics.

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an organization account based on the Users assigned the role of Owner for the organization.

Rights

Our Rights

We own Dexero FD, so don’t try to steal it!

You will respect our proprietary rights in the Website and the software used to provide Dexero FD. Proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights.

You may not:

Market, distribute, sublicense, publicly display, sell, assign, pledge, lease, rent, time share, transfer or in any way encumber, commercially exploit, or otherwise make available to any third party the Website or Services, except as specifically allowed through a referral, affiliate, reseller or white label agreement approved by Dexero FD;
Reverse compile, reverse engineer, reverse assemble, or otherwise attempt, directly or indirectly, to obtain or create source code for the Website or Services for any reason;
Modify or create derivative works of the Website or Services;
Interfere with or disrupt the integrity or performance of the Website or Services;
Attempt to gain unauthorized access to the Website or Services or their related systems or networks; or
Remove any copyright, trademark, or other notices or legends from the Website or Services.

Your Rights

You own your forms and entries. Period.

Subject to the terms of this Agreement, we grant to you a non-exclusive, revocable, non-transferable, limited license, without right of sublicense, to access and use the Website and Services solely with supported browsers through the internet for your own purposes.

You represent and warrant (legally promise) that you either own or have permission to use all of the Content uploaded to the Website, including your Forms and Entries. You are responsible for this information, and for activity that occurs under your Account.

We claim no intellectual property rights over the Content you provide to the Website. Your profile, Forms, Entries and materials uploaded remain yours. However, when you share form templates, share entries, or otherwise provide access to this Content by others through your use of the Website, you agree to allow others to view and share any Content you add.

Privacy Policy

Please check out our privacy policy to see how we use and protect your info.

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

Right to Review Forms

We review forms to catch scammers and help with customer support.

We may view, copy, and internally distribute Content from your Forms and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Users who violate these Terms or laws so we can terminate these accounts and protect our legitimate users and the Internet community. We also use these Tools to reproduce issues with a particular Form and/or provide knowledgeable support for our Users.

We are not required to review your forms. However, if during a review of your forms we determine that you are violating this Agreement, we have the right to suspend or terminate your account, remove any violating Content, and/or prosecute violations to the fullest extent of the law. In these situations, we may or may not notify you that your account access has been revoked.

Rules and Abuse

Acceptable Use

Do not create forms that violate laws or are prohibited by these terms.

The purpose of this Acceptable Use Policy (this “Policy”) is to outline the acceptable usage of products and services of Dexero FD (“Dexero FD” or the “Service”), or of any third party which are subscribed through Dexero FD. All Dexero FD users (or “you”) must follow this Policy in their use of our Service. We may modify this Policy at any time. If you violate this Policy, we may suspend or terminate your use of Dexero FD.

Prohibited Uses

If you find a form or organization that violates the terms listed in this Policy, please submit an abuse report. We ask that you provide as much information as possible regarding the alleged violation(s).

Do not use Dexero FD to violate laws or in ways prohibited by these terms:

Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, facilitate or instruct others to use, the Service for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

Illegal, Harmful or Fraudulent Activities. These include any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
Infringing Content. You may not use the Service to infringe the intellectual property rights of others.
Offensive Content. This includes content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
Harmful Content. This includes content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots is prohibited.

Prohibited Businesses

By registering with us, you are confirming that you will not use Dexero FD in connection with the following businesses, business activities or business practices:

Collecting Credit Card Information. Collection of credit card information outside of our designated payment providers is prohibited. When collecting payment through our payment providers, you are responsible for adhering to the prohibited business policies of PayPal.
Selling Virtual Currencies. This includes virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller as well as the sale of verified online identifications.
Fake/Novelty IDs. The sale of counterfeit or novelty IDs intended to resemble a real ID card is prohibited.
Cash Advance Services/Quick Loans. Dexero FD may not be used for the sale of short-term cash loans.
Telemarketers. Users are prohibited from soliciting sales or donations over the phone and processing payments through our forms.
Gift Card Exchanges. Dexero FD may not be used for the sale of gift cards in exchange for cash or other gift cards is prohibited.
Credit Repair Services. The sale of credit repair and get out of debt opportunities is prohibited.
Video Game or Virtual World Credits or Hacks. This includes the sale of in-game currency except in cases where the merchant is the operator of the virtual world.
Social Media Activity. The sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity is prohibited.
Personal Shopper Services. Dexero FD may not be used for the sale of services to help another purchase goods, either by accompanying them while shopping or by shopping on their behalf.
Mystery Shopper Services. This applies to any market research firm or manufacturer hiring people posing as a casual shopper to collect information.
Adult Connections. This includes hookup, swinger, or sexual encounter services as well as escort services. Mail-order bride/spouse finders, international marriage brokers, and other similar sites and services are also prohibited.
Mature Content. Pornography and mature audience content (including literature, imagery, and other media) depicting nudity or explicit sexual acts are also prohibited.
Pay-to-Apply Employment Applications. You cannot require people to pay a fee when applying for a job. This includes any organization with Job Advertisements or Applications that require payment.

Security

You may not misuse our Service by interfering with its normal operation or attempting to access it using a method other than through the interfaces and instructions that we provide.

Unauthorized Access. Accessing or using our Service without permission, including attempting to probe, scan, or test the vulnerability of our Service or to breach any security or authentication measures used by our Service is prohibited.
Phishing. We will suspend any use of Dexero FD which come to our attention that is intended to deceive or mislead respondents, including by linking to websites with malicious software such as malware.

Spam

You may only send transactional emails from your Dexero FD account, and they must comply with Canada's anti-spam legislation (CASL).

You may not send out spam. We define spam as any message that violates Canada's anti-spam legislation (CASL). Emails you send via Dexero FD must have a valid reply-to email address owned or managed by you. We prohibit the use of harvested, third-party, purchased, or rented mailing lists.

Other Prohibited Activities

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of the prohibited uses, including, without limitation, the suspension or termination of your access to Dexero FD.

Reporting Abuse

Report abuse when you see a form that is spam, a scam, violates copyright, or is abusive/offensive.

If you think anyone is violating any of these Terms, please notify us immediately. If you received a link to a Form you feel is spam, a phishing scam, violates copyright, or is abusive in nature, please click the report abuse link below the form, if available, or fill out our report abuse form.

Bandwidth Abuse & Throttling

Only use Dexero FD for your forms and entries, and do not abuse our service through excessive use!

You may only use our bandwidth for the creation, collection, and management of your Forms and Entries in Dexero FD. We provide image and data hosting only for your Forms and Entries, so you may not host images or other types of files on our servers for anything else (like a website or file streaming). We may throttle your use of our Website or Service at our discretion, such as when your usage significantly exceeds that of our other Users.

Compliance with Laws

You are responsible for legal use of Dexero FD and adhering to all relevant data protection and privacy laws.

You are solely responsible for any and all data used and submitted in connection with the Services, and Dexero FD has no responsibility in connection thereto. Your data collection responsibilities include, but are not limited to, the following:

You will comply with all data protection and privacy laws and rules applicable to the countries where you’re collecting information through Dexero FD, and are responsible for appropriate use and protection of sensitive information, such as personal information or identifiers.
You will obtain and maintain explicit consent from your customers to your access, use, or disclosure of this data and to Dexero FD, for providing the tools for you to perform the actions described herein. You must obtain any authorizations from your customers required to enable Dexero FD to provide the Services. When obtaining this consent, you will disclose, in a written privacy policy, how you plan to use any of the data collected and will comply with this policy.
You will defend, indemnify, and hold harmless Dexero FD from any claim, suit or proceeding brought against Dexero FD by a user of your forms in connection with any acts or omissions with regards to data collected by your forms.
You’re solely responsible for determining whether our Services are suitable for you to use in light of any regulations like COPPA, HIPAA, GLB, EU Data Privacy Laws, or other laws.
You are expressly prohibited from collecting and storing credit card information in Dexero FD, except as supported by Dexero FD for processing online payments using secure third-party payment processors such as PayPal and Paysafe. When used properly, Dexero FD servers and client scripts never process, store or transmit credit card information.

Liability

Limitation of Liability

We are not responsible for losses associated with your use, or inability to use, Dexero FD.

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, including interruptions to your use of the Website or Service even if they’re based on negligence or we’ve been informed of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

No Warranties

We cannot promise that Dexero FD will meet your needs.

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose or warranties regarding security, reliability, timeliness or performance of the Website or Services. Since people use Dexero FD for a variety of reasons, we can’t guarantee that it will meet your specific needs.

Indemnity

You are responsible for claims made against us due to your use or misuse of Dexero FD.

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision (indemnity is an agreement to compensate someone for a loss). You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

Attorney Fees

If we sue you for misuse of Dexero FD and win, you must pay the attorney fees.

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

Equitable Relief

If you abuse Dexero FD, we may take legal steps to stop you.

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

Subpoena Fees

If we must respond to a subpoena due to your use of Dexero FD, we can charge you for the cost.

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

Disclaimers

We are not responsible for linked websites or actions by our users.

We and our Team aren’t responsible for the behavior of any linked websites, or other Users. If you decide to access any of the third-party sites linked to the Dexero Site, you do so entirely at your own risk.

Fine Print

Assignments

You cannot assign your rights in this agreement to anyone else.

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Choice of Law

We are in Quebec and our local laws apply.

We are in Quebec, and our local laws apply. The laws of Quebec, except for conflict of laws rules, shall apply to any dispute related to these Terms or the Service.

Force Majeure

We’ll do our best to keep Dexero FD running 24/7, but some outage events are beyond our control.

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Survivability

Some of these terms apply forever, even after you stop using Dexero FD.

Even if this Agreement is terminated, the following sections will continue to apply: Our Rights, Your Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

Interpretation

We provide these headers and summaries to make the terms easier to understand, but they do not affect the meaning of these terms.

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

Amendments and Waiver

Changes to these terms take effect when we post them. The terms apply even if we do not immediately enforce them.

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

No Changes in Terms at Request of User

We have one set of terms for all users worldwide—fair is fair.

Because we have so many Users, we can’t change these Terms for any one User or group.

Further Actions

It is your responsibility to complete any additional steps required to use Dexero FD in compliance with these terms.

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

Notification of Security Breach

We’ll let you know if your information is compromised. You will promptly let people know if their personal information has been compromised for any reason.

In the event of a security breach that may affect you or your organization’s Content, we’ll notify you of the breach and provide a description of what happened. If the breach compromises personal information you have collected, you will promptly notify all affected parties.

Notices

We’ll notify you of changes by posting them to Dexero FD and/or sending you an email. You can send us a letter if you need to formally notify us for any reason.

Any Notice to you will be effective when we send it to the last email address you gave us or post on our Website.

Entire Agreement

This agreement includes these terms, our Privacy Policy, Acceptable Use Policy and any additional terms to enable through Dexero FD.

These Terms, our Privacy Policy, Acceptable Use Policy and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about Dexero FD’ policies.

Modified on September 21, 2023