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ZERION SOFTWARE, INC.

TERMS OF USE

EFFECTIVE DATE: November 21, 2016

Changes
General Use
Privacy Policy
Proprietary Rights and Licenses
Mobile Applications and Downloadable Software
Geo-Location Terms
Using the Site and the Services on the Site
Password Restricted Areas of this Site
Purchases
Term and Termination
Electronic Communications
Submissions
Unauthorized Activities
Third-Party Offerings
Intellectual Property Infringement
Disclaimer of Warranties
Limitation of Liability
Local Laws; Export Control
Feedback
Dispute Resolution and Arbitration; Class Action Waiver
General
Contact Us

THESE TERMS OF USE AND ALL OTHER LEGAL DOCUMENTS INCORPORATED BY REFERENCE (COLLECTIVELY, THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND ZERION SOFTWARE INC. (“WE,” OR “US” OR “ZERION”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO ACCESS OUR SERVICES AND USE OUR INTERNET PROPERTIES INCLUDING, WITHOUT LIMITATION, HTTPS://WWW.ZERIONSOFTWARE.COM/ AND HTTPS://WWW.IFORMBUILDER.COM/, MICROSITES, MOBILE WEBSITES, MOBILE APPLICATIONS, COMPANY PROFILES ON SOCIAL MEDIA SITES AND ANY OTHER DIGITAL SERVICES OR PROPERTIES OPERATED OR USED BY COMPANY FROM TIME TO TIME (COLLECTIVELY REFERRED TO AS THE “SITE”). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” INCLUDE THE CONTENT, SERVICES AVAILABLE THROUGH THIS SITE (THE “SERVICES”) AND ANY SOFTWARE THAT ZERION PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ZERION. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Changes.
Zerion may make changes to the content and Services offered on the Site at any time, without notifying you. Zerion can change, update, or add or remove provisions of these Terms, at any time, by posting the updated Terms on this Site and by notifying you of the changes by email and/or during your next visit to the Site and/or during your next login session. By using this Site after Zerion has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular features or pages of the Site. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded. If you have a separately executed written contract for Services with Zerion, in the event of conflict with these Terms, the provisions of your executed contract shall prevail.

General Use.
You represent and warrant that you are lawfully able to enter into contracts (or, if you are a minor, you have your parent’s permission to use the Site, and your parent has read and agrees to this Agreement on your behalf). If you are a parent or legal guardian of a minor, you hereby agree to bind the minor to these Terms and to fully indemnify and hold harmless Zerion if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Zerion or the Site.
If you are entering into this Agreement on behalf of a business entity, you represent and warrant that you have the legal authority and capacity to bind such business entity. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.

Privacy Policy.
Please review Zerion’s Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to Zerion.
The use of Geo-Location Services is subject to the terms of the then current Google privacy policy (http://www.google.com/privacy.html).

Proprietary Rights and Licenses
Zerion provides content through the Site and through the Services that is property of, copyrighted by and/or trademarked work of Zerion or Zerion’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

You acknowledge that the Site, its entire contents, features and functionality (including but not limited to all the text, data, information, software, graphics, photographs, sounds, music, videos, interactive features and the like thereof), Materials, and the trademarks, tradenames, service marks, trade dress or logos contained therein (“Marks”), and any other proprietary rights related thereto or appearing on the Site, are owned by or licensed to Zerion, its licensors or other providers of such material, and are protected by copyrights, trademarks, service marks, patent rights, trade secrets and/or other proprietary rights (“Intellectual Property”). As between You and Us, We reserve all right, title, and interest, not expressly granted in and to the Site. You may only use the Site (and the Intellectual Property) as expressly permitted in these Terms and for no other purpose.

The Site as a whole is copyrighted as a collective work, and Materials appearing on or accessible through the Site, are owned by or licensed to Zerion and are likewise subject to copyright protection domestically and internationally. Materials on the Site are provided to you AS IS for personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Zerion or the respective owners. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted herein, including any use, copying, or distribution of content submitted by third parties obtained through the Site for any commercial purposes. You must abide by all copyright notices, information, or restrictions contained in or attached to any Materials or Submissions.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Zerion hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of Materials or enforce limitations on use of the Site or the Materials therein. You agree to be liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Web site. All rights not expressly granted herein are reserved.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
All Marks not owned by Zerion that appear on the Site are the property of their respective owners and are used by permission. Ownership of Marks and the goodwill associated therewith remains with Us or with those other entities.
Please refer to our Unauthorized Activities section below for more information pertaining use of the Site.

The Mobile Application and all other software that is provided to you through the Site and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Mobile Applications and Downloadable Software.
Zerion makes available Mobile Applications to access the Site via mobile devices. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Zerion does not warrant that the Mobile Application will be compatible with your mobile device. Zerion hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Zerion may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Zerion and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that Zerion provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”)
:

  • You acknowledge that these Terms are between you and Zerion only, and not with Apple, Inc. (“Apple”).
  • Your use of Zerion’s iOS App must comply with Apple’s then-current App Store Terms of Service.
  • Zerion, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that Zerion, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that Zerion, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Zerion’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that Zerion provides to you designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and Zerion only, and not with Google, Inc. (“Google”).
  • Your use of Zerion’s Android App must comply with Google’s then-current Android Market Terms of Service.
  • Google is only a provider of the Android Market where you obtained the Android App. Zerion, and not Google, are solely responsible for Zerion’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Zerion’s Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Zerion’s Android App.
    In addition to any Mobile Applications, Zerion may offer to you software and other tools for download on the Site. Any downloadable software or tools from the Site are also subject to the terms of Zerion’s End User License Agreement (available at https://www.zerionsoftware.com/legal/#eula) which is hereby incorporated by reference.

Geo-Location Terms.
The Services include and make use of certain functionality and services provided by third-parties that allow Zerion to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

Using the Site and the Services on the Site.
You can simply view the Site and not use any Services on the Site. You need not register with Zerion to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site (such as to contract with Zerion to receive Services) and to use certain Services and Materials offered on and through the Site, you must register with Zerion for an account and receive a password.

Password Restricted Areas of this Site.
If you desire to register for an account with Zerion, you must submit the following information through the account registration page on the Site: Company Name, Email Address, Phone Number, First Name, and Last Name. You will also have the ability to provide additional optional information, such as Company Role, and Company Website, which is not required to register for an account but may be helpful to Zerion in providing you with more a more customized experience when using the Site or its Services. Once you have submitted your account registration information, Zerion administrator shall have the right to approve or reject the requested registration, in Zerion administrator’s sole discretion. If your account is approved by Zerion administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “Zerion Password”) for the first time you log into your account on the Site to complete the account registration process.
You are responsible for maintaining the confidentiality of your Zerion Password, and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Zerion if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.

Purchases.
If applicable, you agree to pay all fees or charges to your account based on Zerion’s fees, charges, and billing terms in effect as contracted with Zerion and/or as shown on our Pricing Page (available at https://www.iformbuilder.com/pricing/). If you do not pay on time or if Zerion cannot charge your credit card, or other payment method for any reason, Zerion reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Zerion is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Zerion may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

Term and Termination.
These Terms will become effective and binding when you use the Site, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions or additional terms we place on the Site (such as buttons labeled “I Agree” or “Submit”). You do not need to inform us if you wish to stop using the Site. We reserve the right to terminate your access to the Site at any time for convenience and without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. In the event of termination of access to current paid-for Services, we will continue Services for the agreed-paid term. We reserve the right to suspend access to free accounts at any time, however if you are not in breach of these Terms, you may convert your free account to a trial or paid account at any time by contacting Zerion or by following our instructions in the event of account termination.

Electronic Communications.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Zerion. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Zerion. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Submissions.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in Zerion’s Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to Zerion a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Zerion agrees to use any personally identifiable information contained in any of your Submissions in accordance with Zerion’s Privacy Policy.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Zerion to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities.

When using this Site and/or the services, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.
  • Post anything contrary to our public image, goodwill or reputation.

This list of prohibitions provides examples and is not complete or exclusive. Zerion reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Zerion determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Zerion may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Zerion’s discretion, Zerion will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. Unauthorized use of any Materials contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold Zerion and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Zerion or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Third-Party Offerings
You may be able to access websites, content or services provided by third-parties through links that are made available on the Site, including but not limited to voluntarily sharing some of your information from the Site in social media sites, and ‘liking’ our Site in social media outlets. Zerion does not assume any responsibility or the accuracy, completeness and legality of the contents of such third party websites. The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies, term of use, business practices or their compliance with laws. We do not exercise control over third party websites or services. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate.

Intellectual Property Infringement.
Zerion respects the intellectual property rights of others, and we ask you to do the same. Zerion may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Zerion’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Zerion to locate the material.
  • Information reasonably sufficient to permit Zerion to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Zerion’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

Zerion Software Inc.
13650 Dulles Technology Drive, Suite #275
Herndon, VA 20171, United States of America.
Attention: DMCA Notice.

Email: copyright@zerionsoftware.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received.

If you receive such notice from us, you may provide us with a counter-notification in writing to Zerion designated agent that includes all of the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Zerion may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers
Zerion reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

Disclaimer of Warranties.
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Zerion, and they may include inaccuracies or typographical or other errors. Zerion does not warrant the accuracy of timeliness of the Materials contained on this Site. Zerion has no liability for any errors or omissions in the Materials, whether provided by Zerion, our licensors or suppliers or other users.
ZERION, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ZERION DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZERION SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL ZERION BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ZERION KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.
Zerion controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Feedback.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Zerion, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Zerion is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Zerion is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Dispute Resolution and Arbitration; Class Action Waiver.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at legal@zerionsoftware.com. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Zerion. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes between you and Zerion shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, “Zerion” means Zerion and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Zerion regarding any aspect of your relationship with Zerion, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Zerion’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Zerion an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Zerion Software Inc., 13650 Dulles Technology Drive, Suite #275, Herndon, VA 20171, United States of America. Attention: Legal. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Zerion does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Zerion may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Zerion Software Inc., 13650 Dulles Technology Drive, Suite #275, Herndon, VA 20171, United States of America. Attention: Legal. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Zerion through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Zerion. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Zerion may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Zerion may initiate arbitration in either Fairfax County, Virginia or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Zerion may transfer the arbitration to Northern Virginia in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Zerion will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Zerion as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Zerion specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver
You understand and agree that by entering into this Agreement you and Zerion are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Zerion might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation
This Provision shall survive the termination of your service with Zerion or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Zerion makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Zerion to adhere to the language in this Provision if a dispute between us arises.

If You are a User based in the European Union and your Claim is about Personal Data.
If you have any questions, complaints or disputes regarding the manner in which Zerion handles or protects your personal data, please contact us at privacy@zerionsoftware.com. Zerion will promptly investigate and attempt to resolve complaints and disputes in a manner that complies with the principles described Zerion policies for handling personal data, available here.

For any complaints related to personal data that cannot be resolved through our internal process, we agree to participate in the dispute resolution procedures set forth by JAMS. More information about the JAMS dispute resolution procedures is available here. If we or the appointed arbitrator(s) conclude that we did not comply with our published policies, we will take appropriate steps to address any adverse effects and assure our future compliance.

General.
Zerion prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Zerion, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, Florida state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Florida County in the State of Florida. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Zerion’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Zerion and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Zerion about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact Us.
If you have any questions about these Terms or otherwise need to contact Zerion for any reason, you can reach us at

Zerion Software Inc.
13650 Dulles Technology Drive, Suite #275
Herndon, VA 20171
United States of America

Email: legal@zerionsoftware.com

ZERION SOFTWARE, INC.

END USER LICENSE AGREEMENT (EULA)

Last Updated: March 3rd, 2014

READ CAREFULLY. THE SERVICES AND PRODUCT(S) OFFERED HEREIN ARE CERTAIN COMPUTER PROGRAMS AND OTHER PROPRIETARY MATERIAL (THE “MOBILE CLIENT SOFTWARE”) AS WELL AS RELATED ONLINE SERVICES (THE “SERVICES”), THE USE OF WHICH ARE SUBJECT TO THIS END USER LICENSE AGREEMENT (“AGREEMENT”) BETWEEN ZERION SOFTWARE INC. AND YOU. PLEASE BE AWARE THAT YOUR USE OF THE MOBILE CLIENT SOFTWARE AND THE SERVICES ARE ALSO SUBJECT TO OUR TERMS OF USE, OUR PRIVACY POLICY, WHICH ARE HEREBY INCORPORATED BY REFERENCE IN THIS AGREEMENT. USING THE MOBILE CLIENT SOFTWARE AND/OR ACCESSING OR REGISTERING FOR THE SERVICES CONSTITUTE YOUR AND YOUR COMPANY’S ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT. IF YOU ARE ASSENTING AND ACCEPTING THESE TERMS ON BEHALF OF YOUR COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND YOUR COMPANY. IF YOU DO NOT AGREE WITH ALL TERMS, YOU MUST NOT DOWNLOAD THE MOBILE CLIENT SOFTWARE TO YOUR SYSTEMS AND/OR ACCESS OR REGISTER FOR THE SERVICES, INCLUDING ACCESSING OR COPYING ANY MANUALS AND DOCUMENTATION.

Written approval is not a prerequisite to the validity or enforceability of this Agreement and no solicitation of any such written approval by or on behalf of Zerion Software inc. shall be construed as an inference to the contrary. If you have ordered the mobile client software or the services, Zerion Software inc.’s acceptance is expressly conditional on your assent to these terms to the exclusion of all other terms.

This Agreement may be modified from time to time. It is your responsibility to regularly check Zerion Software’s site to determine if there have been changes to this Agreement and to review such changes. Continued use of the mobile client software or continue access of the services by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the services may result in suspension or termination of your use of the mobile client software or access to the services, without notice, in addition to Zerion Software’s other remedies.

I. THE MOBILE CLIENT SOFTWARE

  1. LICENSE GRANT. Subject to the terms of this Agreement, Zerion Software, Inc. (Zerion Software) hereby grants to you (You) a limited, nontransferable, non sub licensable, nonexclusive license to install and operate the object code version of the Mobile Client Software solely on authorized systems, computers or mobile devices, solely to interact with, and allow the collection of data by, the Services and solely up to the number of licenses acquired by You.
  2. LICENSE RESTRICTIONS. You may not, directly or indirectly: (a) modify, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or the underlying ideas or algorithms of the Mobile Client Software, except to the extent applicable statutory law expressly prohibits such restrictions; (b) create derivative works based on the Mobile Client Software; (c) use the Mobile Client Software for performing comparisons or other “benchmarking” activities; (d) copy, rent, lease, distribute, or otherwise transfer rights to the Mobile Client Software; or (e) remove any proprietary notices or labels on the Mobile Client Software.

II. THE SERVICES

  1. ACCESS GRANT. Subject to the terms and conditions of this Agreement, Zerion Software shall provide You with access rights to the iformbuilder.com online service (the Services), solely in accordance with this Agreement, solely for use with the Mobile Client Software, solely for your internal business purposes and up to the number of authorized users for whom access rights have been purchased in accordance with this Agreement. Each authorized user purchased must have a unique username in the system. Sharing of usernames is expressly prohibited and in violation of this agreement.
  2. REGISTRATION. The Services require that You register and/or set up an account to use all or a portion of the Services. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information, such as credit card information for payment of Services (collectively, the “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must immediately update it by editing your customer profile on the Services. In our sole discretion, Zerion Software may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is offensive. For additional information regarding use of personal information you supply or communicate to the Services, please see our Privacy Policy, here – iFormBuilder Privacy Policy. You are solely responsible for maintaining the confidentiality of your Registration Information, and for any failure to do so. You are solely responsible for all use of the Services by you and anyone you allow to access the Services.
  3. SECURITY. If You have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the Services), you must promptly change the affected Registration Information and notify Zerion Software via the “Contact Us” page in the Zerion Software’s site(s) (the “Site”). If you install any software or enable any service that stores information from the Services on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
  4. USE OF THE SERVICES. Unless otherwise specified, the Services are solely intended for your internal business purposes only. You agree to use the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You will not, nor attempt to do, any of the following with respect to the Services, except as expressly authorized or enabled by Zerion Software: (a) Access the Services in a manner or through an interface not provided or authorized by Zerion Software including but not limited to, any automated means (e.g., scripts or bots); (b) Reproduce, duplicate, copy, sell, trade, resell or exploit the Services; (c) Republish or syndicate the information available on the Services.
  5. USER CONDUCT. You agree not to use the Services to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. You hereby represent and warrant that you will not use the Services to violate, misappropriate or infringe rights of third parties, including intellectual property rights.
  6. COMPLIANCE WITH LAWS AND AGREEMENT. You agree to use the Services only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement.
  7. INTERFERENCE. You agree not to disrupt, overwhelm, attack, modify or interfere with the Services or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others use of the Services. You further agree not to alter or tamper with any information or materials on or associated with the Services. Other than connecting to Zerion Software’s servers by http requests using a Web browser, you may not attempt to gain access to Zerion Software’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Services or otherwise.
  8. USER CONTENT. You are solely responsible for the reviews, messages, notes, text, information, business data, photos, profiles, and any other content that you upload, publish or display (hereinafter, post) on or through the Services, or transmit to or share with other users (collectively the User Content). You may not post, transmit, or share User Content on the Services that you did not create or that you do not have permission to post, transmit, or share. You understand and agree that Zerion Software may, but is not obligated to, review the Services and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Zerion Software violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Services or provide to Zerion Software.
  9. OWNERSHIP OF USER CONTENT. Zerion Software does not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials or information of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, trade secrets, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. During the term of the access rights to the Services, You grant to Zerion Software a limited, non-exclusive license to store, copy, use, encrypt, aggregate, modify or display User Content solely to the extent necessary to provide the Services to You. Zerion Software will not use User Content for any other purpose. Upon termination or expiration of this Agreement for any reason, Zerion Software will destroy all User Content in its possession except as required by law unless You request otherwise in writing.

III. INTELLECTUAL PROPERTY

  1. TITLE. As between the parties, Zerion Software and its licensors retain all right, title, and interest, including, without limitation, all intellectual property rights to the Mobile Client Software and/or the Services. You understand that Zerion Software may modify or discontinue offering the Mobile Client Software or the Services at any time. The Mobile Client Software and Services are protected by the intellectual property laws of the United States and international treaties. This Agreement does not give You any rights not expressly granted herein. You understand that the Mobile Client Software is licensed and not sold, and that you get an access right to the Services not a proprietary interest.
  2. USE OF MATERIAL. The Services contain material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Services. You may download material from the Services and may use the Services for your personal use only, provided you keep intact all copyright and other proprietary notices.
  3. OWNERSHIP AND CONTROL. The content, organization, graphics, text, images, video, design, mark up language, compilation, trademarks, service marks, logos, slogans, advertising and all other material on or used for the Services, including without limitation, the “look and feel” of the Site(s), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Zerion Software or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the Site, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
  4. FEEDBACK. If you provide Zerion Software with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (“Feedback”), you agree that (a) any and all right, title and interest to such Feedback shall become the exclusive property of Zerion Software; (b) Zerion Software shall be able to use and share such Feedback without your consent; (c) Zerion Software owes you no obligation or compensation whatsoever regarding the Feedback; and (d) Zerion Software may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to Zerion Software.

IV. CONFIDENTIALITY
Except as expressly allowed by this Agreement, You will not use or disclose any Mobile Client Software, software or related technology, idea, algorithm or information except to the extent You can document that it is generally available for use and disclosure by the public without any charge or license. User Content is Your confidential information.

V. ECONOMIC TERMS

  1. SERVICES. If You subscribe to the Services, you agree to pay any and all applicable fees (e.g., one time, recurring monthly, annual subscription fees for accounts) incurred in connection with your account at the rates in effect when the charges were incurred. If you terminate your account, such termination will be effective immediately, and you will not receive a refund for any amounts you already paid. You agree to pay any applicable taxes, and reimburse us for any collection costs and interest for any overdue amounts.
  2. FREE TRIAL OFFERS. If you receive a free offer for a specific number of days, you will not be charged during the free offer time period. To continue service after the trial period has expired requires a paid subscription.
  3. NO REFUNDS. Unless we state in writing otherwise, all fees and charges are nonrefundable.
  4. THIRD PARTY CHARGES AND MOBILE ALERTS. You are solely responsible for any fees or charges incurred to access the Services through an internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to You or deducted from Your prepaid balance by Your mobile provider. You agree that Zerion Software is not liable in any way for any third party charges.

VI. INDEMNIFICATION You agree to indemnify Zerion Software and its affiliates, employees, agents, representatives and third party services providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Services, or from your breach of this Agreement, or from any such acts through your use of the Services or the Mobile Client Software(s).

VII. DISCLAIMER

EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZERION SOFTWARE DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, TITLE AND/OR NON-INFRINGEMENT. ZERION SOFTWARE DOES NOT WARRANT THAT THE PRODUCT(S) OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES OR USE OF THE PRODUCT(S) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.

VIII. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZERION SOFTWARE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, INCLUDING USER CONTENT AND/OR USE OF THE SERVICES OR PRODUCTS BY YOU, EVEN IF ZERION SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF ZERION SOFTWARE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF: (A) FIFTY DOLLARS (US$50); OR (B) THE TOTAL AMOUNT OF ALL FEES PAID TO ZERION SOFTWARE BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. YOU HEREBY AGREE TO RELEASE ZERION SOFTWARE, ITS LICENSORS, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PRODCUT(S) OR SERVICES.

IX. TERM AND TERMINATION This Agreement shall continue until terminated as set forth herein. You may terminate this Agreement at any time. Zerion Software has the right to terminate and/or suspend your ability to access the Services or any portion thereof, for any or no reason, without notice. Any termination of this Agreement shall terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove from all equipment, computers, hard drives, mobile devices, networks, and other storage media all copies of the Mobile Client Software. Except for the license and except as otherwise expressly provided herein, the terms of this Agreement shall survive termination.

X. GOVERNMENT USE If You are part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Mobile Client Software or any related documentation is restricted in accordance with the Federal Acquisition Regulation 12.212 for civilian agencies and the Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. The Mobile Client Software and documentation is a “commercial item”, “commercial computer software” and “commercial computer software documentation.” The use of the Mobile Client Software and documentation is further restricted in accordance with the terms of this Agreement, or any modifications thereto.

XI. EXPORT CONTROLS You shall comply with the U.S. Foreign Corrupt Practices Act and all applicable export laws, restrictions, and regulations of the United States or foreign agency or authority. You will not export, or allow the export or re-export of the Mobile Client Software(s) in violation of any such laws, restrictions or regulations.

XII. DISPUTE RESOLUTION If a dispute arises between you and Zerion Software, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Zerion Software agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (each, a “Claim”) in accordance with one of the subsections below or as Zerion Software and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

  1. LAW AND FORUM FOR DISPUTES. This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia, U.S.A. without regard to the conflicts of laws provisions thereof, and without regard to the United Nations Convention on Contracts for the International Sale of Goods. You agree that any claim or dispute you may have against Zerion Software must be resolved by a court located in Fairfax County, Virginia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Fairfax County, Virginia for the purpose of litigating all such claims or disputes and You hereby agree to service of process in accordance with the rules of such courts.
  2. ARBITRATION. For any claim (excluding claims for injunctive or other equitable relief), Zerion Software may elect to resolve the dispute through binding non-appearance-based arbitration. In the event Zerion Software elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider and such arbitration shall be conducted in accordance with such provider’s rules for non-appearance-based arbitration.
  3. IMPROPERLY FILED CLAIMS. All claims you bring against Zerion Software must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, Zerion Software may recover reasonable attorney’s fees and costs, provided that Zerion Software has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

XIII. GENERAL PROVISIONS This Agreement, together with the Privacy Policy and the Terms of Use, represents the complete agreement between the parties regarding the subject matter herein and supersedes all prior agreements and representations. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The failure of Zerion Software to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit Zerion Software’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving You) without Zerion Software’s consent and any action or conduct in violation of the foregoing shall be void and without effect. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without Zerion Software’s written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. Zerion Software may, in its sole discretion, assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section.

WCSR 7749793v2

ZERION SOFTWARE, INC.

PRIVACY POLICY

EFFECTIVE DATE: April 19, 2018

What Information Do We Collect About You and Why?
Information We Collect Directly From You
Information We Collect Automatically
How We Use Your Information
How We Share Your Information
Our Use of Cookies and Other Tracking Mechanisms
Third Party Analytics
Third-Party Ad Networks
Third-Party Links
Security of My Personal Information
Access To My Personal Information
What Choices Do I Have Regarding Use of My Personal Information?
Privacy Shield Compliance
U.S. Federal Trade Commission Enforcement
Arbitration
Requirements to Disclose
Contact Us
Changes to this Policy

Zerion Software, Inc. (“Company”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information that we obtain about visitors to our websites https://zerionsoftware.com/ and https://www.iformbuilder.com; (collectively, the “Site”), users of our mobile applications (the “Application”) and the services available through our Site (collectively, the “Services”), and how we use and disclose that information.
By visiting the Site, using or downloading our Applications, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Terms of Use are incorporated by reference into this Policy.

What Information Do We Collect About You and Why?
We may collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services.

Information We Collect Directly From You. Certain areas and features of our Site and Services require registration. To register you must provide your Company Name, Email Address, Phone Number, First Name, and Last Name. We also may collect additional optional information from you, including Company Role, and Company Website; however, you are not required to provide us with this information. In addition, if you make a purchase, we will also request that you provide your credit or debit card information and your billing and shipping address.

Information We Collect Automatically. We may automatically collect the following information about your use of our Site or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and or use our Services; and the referring URL, or the webpage that led you to our Site, and the following: browser type, IP address and page views. We also may collect the following information about your use of the Application: mobile device ID; location and language information; device name and model; operating system type, name, and version; your activities within the Application; and the length of time that you are logged into our Application. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

How We Use Your Information
We use your information, including your personal information, for the following purposes:

  • To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
  • To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
  • For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
  • To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research and analytical purposes.


How We Share Your Information
We may share your information, including personal information, as follows:

  • Other Users. Your user name and any information that you post to the public sections of our Site, including, without limitation, reviews, comments, and text will be available to, and searchable by, all users of the Site and Services.
  • Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
  • Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
  • Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
  • In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which Company is involved.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

*If we receive personal data subject to our certification under the Privacy Shield and then transfer it to a third-party service provider acting as an agent on our behalf, we have certain liability under the Privacy Shield if both (i) the agent processes the personal data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage.


Our Use of Cookies and Other Tracking Mechanisms
We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); if applicable, you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
  • Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Third Party Analytics.
We use automated devices and applications, such as Google Analytics, WalkMe, and Pardot to evaluate usage of our Site and, to the extent permitted, our Application. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

Third-Party Ad Networks
We reserve the right to, and may use third parties such as network advertisers to display advertisements on our Sites, to assist us in displaying advertisements on third party websites, and to evaluate the success of our advertising campaigns. Network advertisers are third parties that display advertisements based on your visits to our Site as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our Site and our services, as well as aggregate or non-personally identifiable information about visitors to our Site and users of our service.

You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).
Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI’s and DAA’s websites accessible by the above links.

Third-Party Links
Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

Security of My Personal Information
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Access To My Personal Information
You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or Application for a period of time.

What Choices Do I Have Regarding Use of My Personal Information?
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

Individuals located in certain countries, including the European Economic Area, have certain rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can do this using the settings and tools provided in your account. If you have any trouble please send an email to support@iformbuilder.com with details of your request.

Privacy Shield Compliance
Zerion Software Inc. complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Zerion Software Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Zerion Software Inc. commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Zerion Software Inc. at: Zerion Software Privacy Team: privacy@zerionsoftware.com

Zerion Software Inc. has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.

U.S. Federal Trade Commission Enforcement
Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Arbitration
You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; and (2) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident.

Requirements to Disclose
We may disclose personal data when we have a good faith belief that such action is necessary to: conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; or to enforce our contractual obligations.

Contact Us
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at privacy@zerionsoftware.com.

Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site, at https://www.zerionsoftware.com/legal/#privacy-policy. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site, or by emailing you a notice with the new version of this Policy.

ZERION SOFTWARE, INC.

PRIVACY POLICY FOR CUSTOMER DATA

For your convenience we have consolidated our EU and US privacy policies into a single global policy. Please refer to this link for information about our global privacy policy.

https://www.zerionsoftware.com/legal/#privacy-policy

ZERION SOFTWARE, INC.

SUPPORT POLICY

Zerion Software has divided its customer base into two classifications: shared database and
a dedicated database, which includes our Smart Enterprise and Solution Provider account.

FOR SHARED DATABASE CUSTOMERS, WE OFFER:

  • Support via our Help Desk>>
  • Support on iFormBuilder.com for product related questions
  • (Premium) Implementation support to assist with form building and deployment activities. Implementation support is available @ $250/hr (volume discounts available).

FOR DEDICATED DATABASE CUSTOMERS, WE OFFER:

  • Support via our Help Desk>>
  • Free Chat Support on iFormBuilder.com for product related questions
  • (Premium) Implementation support to assist with form building and deployment activities. Implementation support is available @ $250/hr (volume discounts available).
General Support is available Sunday at 7:00PM EST through Friday until 7 PM Eastern.

We will provide an initial response within 8 hours all issues submitted as tickets through the Help Desk. Complete resolution of requests is contingent on the nature of the issue, testing time required and other factors.

*Server Uptime is supported by our backbone provider (Rackspace).

The following issue classifications are used to drive the priority of a given issue, and a target resolution time. Zerion does its best to meet the stated resolution times listed above, but cannot guarantee the resolution time, as it depends on many factors, including the nature of the issue, time for resolution once identified, and required testing time.

 

Priority Risk Definition Target Resolution Time*
P1 Critical Stops normal business operations, no work-around exists Look into issue within 8 hours and determine issue/resolution. Once fix is completed and tested, a Patch will be applied to the target environment
P2 High Affects business operations, and a work-around exists Log issue and fix in next scheduled release within 10 days
P3 Low Does not affect business operations Issue logged and will be fixed in a future release

 

Please read our Privacy Policy for information about Zerion Software’s Privacy and Data Policies.

  • iFormBuilder Support will help with workarounds and bug reporting
  • Patches are issued for current versions
  • High priority bugs will generally be fixed in the next maintenance release
  • Non critical bugs will be scheduled according to a variety of considerations

Zerion Software supports the then current app store version of all their mobile client applications. Customers running older versions of the application(s) are not supported, unless the request is to assist in upgrading to the current supported version.

Software maintenance covers access to support and software product updates for the corresponding software license. Refer to the End User License Agreement for specific terms of agreement.

Support is open to system administrators and account holders. Active account holders can authorize 1 to 3 designated contacts to access support issues. Designated contacts must be a Company Admins on subscription accounts or Server Admins on dedicated database accounts. End-users will be redirected to a system administrator.

Administering iFormBuilder requires a baseline technical skill set; which varies depending on what your business needs entail. Customers are responsible for administering their own accounts. iFormBuilder Support will provide guidance on how to do this, but we will not be able to provide step by step detailed instructions. If you require further assistance with this level of implementation, please consider contacting a iFormBuilder Expert for Training.

iFormBuilder decrements purchased implementation support hours by rounding up to the nearest 15 minute interval.

Answers

The Customer Success Center Community Forum is a great channel for discussions about the iFormBuilder Platform, which is open to all users.

Experts

If you are unable to find what you need from Answers, contact an iFormBuilder Expert. Our experts provide paid assistance when customers need help on unsupported issues or with implementation services.

Third-Party Product Integration

iFormBuilder interfaces with a variety of technologies which add functionality to our overall solution. iFormBuilder will endeavor to provide documentation for integration with these 3rd party applications but does not provide support for 3rd party applications. We are unable to provide support when a failure in a 3rd party application occurs.

Customization and Development Requests

There are many ways to customize and extend the iFormBuilder platform. Zerion Software provides APIs and support for scripting languages, and tools that allow users to add or change CSS rules, HTML, and JavaScript real-time. However, support to use of these customization options is limited. Implementation support hours may be purchased to pursue these issues at a deeper level and provide workarounds or solutions to the issue. Developer access is only available to accounts with a Diamond Support Plan (details below).

If you’re working to extend or customize the iFormBuilder platform and encounter a problem, the iFormBuilder support team is happy to help document the problem and relay information to our development teams as follows:

  • We can help you verify whether our code is working as intended and document any bugs.
  • If we provide examples of how to make customizations in our documentation, we will work to make sure that documentation is up-to-date.
  • For in-depth questions about implementing customizations, we will refer customers to our expert network.

Modifying Data

iFormBuilder does not support direct database queries, as they can easily lead to data integrity problems. Customers that want to interact with their data in this manner should use the iFormBuilder API, which is available for our Enterprise and Solution Provider Accounts.

Fixing problems

In the event that there are data integrity problems due to defects in a product, iFormBuilder will provide workarounds or solutions to these problems that may involve SQL queries. We use SQL-based solutions as a last resort.

Reporting

The iFormBuilder professional services team can be engaged for reporting and integration projects. Project minimums do apply.

Premium Support Plans For Enterprise Customers:

iFormBuilder provides premium support plans for enterprise deployments. The premium support plans are designed to offer access to the implementation support team and developer access at the Diamond Support Plan level.  iFormBuilder decrements implementation support hours by rounding up to the nearest 15 minute interval.

DIAMOND SUPPORT PLAN

Available to Smart Enterprise Growing & Emerging Accounts

Dedicated Account Manager
Quarterly Project Roadmap
Priority Help Desk Support (Submitted tickets to Help Desk tagged as “Top Priority” and moved to top of queue.)
Quarterly Project Reviews
Diamond Support Plan services not to exceed 100 hours.
Implementation support is available @ $250/hr (volume discounts available).
Training can be made available on-site for an additional cost.

***Developer API Integration Support with Subject Matter Expert billed at 2 hours for every 1 hour of support.

PREMIUM SUPPORT PACKAGE

Available to Smart Enterprise Growing & Emerging Accounts

Dedicated Account Manager
Annual Project Roadmap
Priority Help Desk Support (Submitted tickets to Help Desk tagged as “Top Priority” and moved to top of queue.)
Quarterly Project Reviews
Premium package services not to exceed 40 hours.
Implementation support is available @ $250/hr (volume discounts available).
Training can be made available on-site for an additional cost.

Page updated June 2, 2020.

ZERION SOFTWARE, INC.

COPYRIGHTS, PATENTS, AND TRADEMARKS

EFFECTIVE DATE: February 26, 2018

The following Zerion Software, Inc. products and marketing slogans are protected by copyrights, patents, and trademarks in the U.S. and elsewhere. This page provides copyright and trademark notices pertaining our products. It is provided to satisfy the virtual patent marking provisions of various jurisdictions including Section 16 of the America Invents Act; and it is intended to serve as notice under 35 U.S.C. § 287(a). While every commercial effort is made to keep this page current, note that additional patents and trademarks registrations may be pending in the US and elsewhere.

iForm

US Copyright Reg Nos.TX-8-030-252; TX-8-030-258

iFormBuilder

US Copyright Reg No.TX-8-030-247
US Licensed Patents: US Patent No. 9,380,034
Service Mark – Commonwealth of Virginia – File No.10376, File No.12380
US Patents Pending: U.S. Pat. Appl’n Nos. 62/290,255, 15/791,499, 15/713,993

Australia Trademark Nos.1673998; 1673999
OHIM-CTM Registration No.013740568

Gnosiz

US Copyright Reg No.TX-8-039-756
Australia Trademark No.1674000; 1706915
US Trademark Serial Nos.86-358,973; 86-647,270
US Trademark Registration No.4,791,879; 4,885,274
US Patents Pending: U.S. Pat. Appl’n Nos. 14/933,512; 15/236,952; 16/176,746; 16/236,626
US Patent No.9413734 B1, 9436849 B2

ThunderPlug

Australia Trademark No.1674001; 1706916
US Trademark Serial Nos.85-651,500; 86-558,776
US Trademark Registration No.4,341,282; 4,480,610
US Patent No. 9,239,802

Zerion

US Trademark Serial Nos.87-101,157, 87-101,164
US Trademark Registration No.5,252,344; 5,252,345

Zerion Software

US Trademark Serial No.86-398,362
US Trademark Registration No. 5,078,462

No Paper. No Connection. No Problem.

US Trademark Serial No.85-375,189
US Trademark Registration No.4,163,610

The Smart Enterprise

US Trademark Serial No.85-375,310
US Trademark Registration No.4,163,611

Knowledge Is Gathered

US Trademark Serial No.86-076,723
US Trademark Registration No.4,529,229

Other Misc. Patents

Community Trademark Countries (CTM) Member Countries Include: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom.