Welcome to FormWarePro!
The services provided by SWICS Ltd ("SWICS", the "Company", "we" or "us") through a website located at https://www.formwarepro.com (collectively, the "FormWarePro Service",
the "Website"), can be used by any individual or business/entity ("Client"), if the terms of service ("Terms") are respected. This agreement sets out the terms and
conditions under which a client may utilize the FormWarePro Service. We reserve the right to refuse service, to disable or suspend accounts that are suspected of using
our service for illegal activities including but not limited to: abusive activity, such as phishing or spamming, fraudulent, criminal or terroristic activity. You must
read these terms and conditions carefully before using our service. Using FormWarePro Service indicates that you have read, understand, and agree these terms
regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the website.
In addition to the Terms, you agree to be bound by the terms of our Privacy Policy which is incorporated herein by reference.
SWICS Ltd reserves the right to modify, update and/or remove portions of the Terms at its sole discretion from time to time by reasonable notice, including but not
limited to by publishing, posting or notifying via emails revised Terms on the Website, which amended Terms shall be binding to you. You should keep a copy of the
Terms for your records.
FormWarePro Service: The website, its employees, management and anyone acting on behalf of SWICS Ltd. The FormWarePro service provides tools and services for
building and managing of online forms, as well as a payment gateway intended for purchasing subscriptions for the paid plans.
Client: Anyone who has registered with the FormWarePro service, that allows him to create forms, to publish them and to collect and view submitted data.
Clients are prohibited from sharing their login credentials with anyone else and have to immediately notify SWICS Ltd of any unauthorized use of their password or
account, personal information or any other breach of security.
Service License: The right or permission to use the FormWarePro service by subscribing with any of our paid plans.
Forms: The forms which any client creates, manages, maintains, publishes and shares with other clients and/or on the web by using the FormWarePro service.
Submissions: The data that has been entered into the forms and submitted to the server.
Beta Version: This means services and/or particular features available to clients for use are still in their beta stage and have not been fully tested.
Malicious Code: Malicious Code: This means harmful or malicious code, files, scripts, programs designed or intended to have, or capable of performing or
facilitating, any of the following functions: disrupting, disabling, harming, corrupting, phishing, stealing or otherwise impeding in any manner the operation of,
or providing unauthorized access to, a computer system, database, or network, including but not limited to viruses, worms, time bombs, scripts and trojan horses.
Proration: A prorated amount is calculated from the stated price when you upgrade or downgrade your account in the middle of a billing cycle. That amount
is calculated for the days left of the current billing cycle. Your payment method will be charged for that amount when you upgrade, or that amount will be credited
to your account when you downgrade.
SWICS Ltd is a Bulgarian company, that owns, manages and maintaines the FormWarePro service. Our address is 4 Odrin Str., Apt. 10, Svilengrad, Haskovo, 6500, Bulgaria, EU. Our Unified Identification Code is 204715000, the VAT Number (VAT ID) is BG204715000 and we are registered with the Commercial Register of Bulgaria.
In order to offer a great satisfaction and opportunity for trying all features of the FormWarePro service, we provide to our clients both free and paid service
plans. We offer the following paid plans - "Basic", "Pro" and "Premium". If you just want to try or use incidentally, rarely or limitedly the FormWarePro service,
our free plan (hereinafter: "Free Plan") is the right choice. The Free Plan comes with certain limits for forms, submissions and storage space. The paid plans also
have limits for the used resources, but you can easily upgrade or downgrade your plan in accordance with your personal or business needs. In order to subscribe
to a paid plan, you must purchase a subscription (the "Subscription") as pay the applicable fee (including VAT for EU clients) through our checkout page
incorporated in the Website. Once you have purchased a Subscription, your default payment method will be charged in advance on a recurring, periodic basis
(the "Recurring Billing"), monthly or yearly in depending of the chosen option. By purchasing the Subscription you understand and expressly consent your payment
method to be billed in such a manner.
Subject to the terms of this Agreement, when you subscribe, SWICS Ltd grant to you a non-transferable, non-exclusive, non-sublicensable, revocable limited licence
to access and use the Services. Except for the rights granted under this Agreement, client is not given any right, title or interest in or to the Services or Website,
and SWICS Ltd expressly reserve all such rights, title and interests.
You can cancel your subscription, update your license information or license type through the "Manage Account" or "Subscription" page.
All upgrades and downgrades from a paid plan to another paid plan are
made using proration. That means that your default payment method will be charged a prorated amount for the days left to the end of your Billing Cycle (the
"Billing Cycle") if you wish to upgrade. Alternatively, if you choose to downgrade your account, a prorated amount for the days left to the end of the Billing
Cycle will be credited to your balance. We will not issue a refund to your payment method when you make a downgrade.
Downgrading your account may cause loss of capacity and/or access to forms, data and/or files. To the extent permitted by applicable law, SWICS Ltd does not accept
any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms, nor data or files, but you may not be
able to access those.
If you do not want to use the paid service anymore, you can cancel your subscription. Canceling your subscription will terminate the recurring billing immediately and
your payment method will not be charged anymore. Then you will be able to consume the days left of the paid subscription, after that your account will be downgraded
to the Free Plan. Once your account is downgraded you will be able to continue use our service but you will have to comply with the limitations for the
Free Plan.
In addition, an automated cancellation will be performed, if at least 2 attempts for charging your default payment method in the beginning of each Billing Cycle has been
failed, that will change your subscription status to Past Due.
We reserve the right to modify the length of the term after that an automated cancelation will be triggered due to overdue a charge.
All stated prices do not include the applicable value added tax (VAT). This is only referred to EU clients.
You should not use the Services and should not accept the Terms if:
1) You are not of legal age to form a binding contract with SWICS Ltd.
2) You are an individual barred from receiving the Services under the laws of Bulgaria or other countries including the country in which you are resident or
from which you use the Services.
SWICS Ltd reserves the right at any time and without notice, to modify the terms, conditions and limits of the Free Plan. We have the right to disable,
suspend or delete duplicate accounts. SWICS Ltd also reserve the right to suspend, disable or delete any client's account or to cancel any client's subscription
if we suspect a payment or personal information fraud or other illegal activity. If we cancel a client's subscription, we will issue a refund as soon as possible
for the full amount that has been paid. In particular cases we may issue a partial refund in our sole and absolute discretion depending on the reasons of the subscription
cancellation and/or the term of use of the Service. You acknowledge and agree that SWICS Ltd. shall not be liable to you or any third party for suspending or disabling
your access to the Service, canceling your subscription or deleting your account.
As we are located in the European Union and we are registered for VAT reverse charge, we are subject to the Council Directive 2006/112/EC in regards with the European regulations on software VAT and the Bulgarian VAT Law. The electronic services are taxed in the country where the customer is established or resides – regardless of whether the customer is a business or individual. The VAT rate in the European Union varies between 17 and 27 percent depending on the rate determined by each member state. We will apply a VAT rate depending on the country provided during the purchase. For customers outside the European Union, no VAT (0%) will be applied to the price. Companies in the European Union will not be charged VAT, but only if they have registered and provide us with a valid VAT number and their VAT-registration is in a country different from ours.
You can cancel your subscription at any time and for any reason. To trigger a subscription cancellation, use the "Cancel Subscription" button/link available on the
"Manage" or "Subscription" page. If you cancel your subscription within 14 days of your purchase (first-time only), you can request a refund via a form accesible
immediately after the subscription cancellation completed or via a link on the "Subscription" page in case that you decide to request the refund later, but within
the 14th days period. If you choose to request a refund, we will issue such a one, for the full amount you have been charged for. Requesting a refund will trigger
immediate downgrade for your acccount to the Free Plan. There is no any fees associated with refunds or cancellations.
Notice that the 14-day money-back guarantee applies to first-time purchases only, not renewals, upgrades or downgrades.
Any upgrade or downgrade from a first-time paid plan to another paid plan leads to loss of possibility for requesting a refund.
In order to purchase a license for a paid plan, you must provide accurate, valid and complete billing and payment information. Depending on the chosen type license you will need to provide different information. For a license for a person, required details are name, addreess, city, country, email address and credit card details (card number, expiration date, CVV and postal/zip code). For a license for a company the required details are name, address, city, country, email address, company name if a valid VAT number is provided and credit card details (card number, expiration date, CVV and postal/zip code). By submitting such an information, you permit us your payment method to be charged the due fee and VAT if applicable incurred for using the FormWarePro service. SWICS Ltd states that it has no access to credit card data used by the client, nor does it store said information. Only the Payment Service Provider (a validated Level 1 PCI DSS Compliant Service Provider) that SWICS Ltd use, will processing and store credit card data. You agree and warrant that all billing and payment information that is provided during the checkout process and/or subsequently is accurate, correct and up to date.
We reserve the right to revise the prices of our paid plans for using the FormWarePro service by providing you written notice by email and/or posted on the Website at least thirty days prior update the price of your subscription.
While the FormWarePro service is normally available 24/7, we shall not be liable if for any reason the service is unavailable
at any time. We will make reasonable efforts to keep the service operational, but access to the site may be suspended temporarily and without notice in the case of
system failure, maintenance, updates, repair or due to other reasons. We won't be held liable for any delays, failure, bad performance, outage events
or any causes beyond our control. We are not also responsible for any data loss and/or loss of profit that might occur when the service is unavailable.
FormWarePro service is hosted on Amazon Web Services (AWS), which offers most reliable, stable and scalable hosting infrastructure with high availability and
dedicated support. We use a datacenter in Frankfurt, Germany, EU to host our website.
"Amazon Web Services (AWS) delivers a highly scalable cloud computing platform with high availability and dependability, and the flexibility to enable clients to build a wide range of applications. The issues of end-to-end security and end-to-end privacy within the cloud computing world are more sophisticated than within a single data center not facing the Internet. Ensuring the confidentiality, integrity, and availability of client’s systems and data is of the utmost importance to AWS, as is maintaining trust and confidence."
We take security very seriously and that is why we rely on AWS to provide us with a secure infrastructure.
"Amazon has many years of experience in designing, constructing, and operating large-scale data centers. This experience has been applied to the AWS platform and infrastructure. AWS data centers are housed in nondescript facilities, with military grade perimeter control berms. Physical access is strictly controlled both at the perimeter and at building ingress points by professional security staff utilizing video surveillance, state of the art intrusion detection systems, and other electronic means. Authorized staff must pass two-factor authentication no fewer than three times to access data center floors. All visitors and contractors are required to present identification and are signed in. They are also continually escorted by authorized staff."In addition of that, we have built our service in a manner that comply with the most recently industry security standards. We use two-factor authentication for administrative access to all our platform infrastructure. We also use AWS Identity and Access Management (IAM) to restrict the access and privileges for our employees.
You agree not to use the FormWarePro service in a manner which violate any local, national, or international laws, regulations, generally accepted practices or guidelines in the relevant jurisdictions. You must use the Service only for purposes that are permitted by the Terms. You must not share your login credentials and sensitive information with any other individuals or third party. You must provide and maintain correct and actual your billing information if you have purchased a subscription. You agree that you will not use FormWarePro Service to promote and/or partake in any illegal conduct, including, but not limited to, the collection of email addresses for the purposes of sending unsolicited advertising materials, junk mail, spam, chain letters, pyramid schemes or any other unsolicited correspondence prohibit by law in the relevant jurisdiction. You acknowledge and agree that any automated use of the Service is prohibited. You acknowledge and agree that you will not use the Service to incite and/or propagate terrorism, racism, human rights violation, pornography, hacking, stealing of personal and/or payment information and privacy or other illegal activity. You acknowledge and agree that you will not upload, publish, share, submit, post, transmit, email, or otherwise make available any content that propagate virus, trojans, spyware, malware, or violate copyright laws, trademark laws, or any other laws protecting intellectual property in any jurisdiction, or that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable. You acknowledge and agree you may not sell, re-sell, market, distribute, license, sublicense, assign, pledge, lease, rent, share, transfer or in any other way harm, or otherwise make available to any third party the FormWarePro service. You acknowledge and agree that may not perform reverse engineering or otherwise attempt, directly or indirectly, to obtain or reproduce the source code for the Services.
SWICS Ltd does not claim ownership of any personal or public information, data, files, or other materials you submit or make available though the forms and submissions. You own all rights to your forms, submissions and files. When you share a form as a template, you grant exclusive rights and permissions to SWICS Ltd. to use, modify, alter, adjust, adapt, reproduce, distribute, publish, translate, publicly perform and publicly display your forms in any known now or in future developed format or medium.
SWICS Ltd. respects the intellectual rights of others. We will suspend or disabled any account and/or form that violates the copyright law and/or intellectual property rights.
You can delete your account, without notice to us at any time and for any reason. If you have an active subscription, you will need to cancel it before you be able to delete your account. Deleting account means that all your forms, submissions, files and personal information will be deleted and cannot be restored. We will retain for a certain term only information for your transactions performed when you purchase a subscription, for your subscriptions, documents (invoices and credit notes) and information intended for the tax administration and some other information and logs in compliance with the PCI DSS, the applicable legislation and GDPR.
We reserves the right to update, modify or discontinue the FormWarePro service with or without notice to you and we shall not be liable to you or any third party if we do it.
We reserve the right to view your forms when we find out or suspect that they are used for spam, phishing, fraud or any activity that break this Agreement. SWICS Ltd may also to view your forms or to copy and internally use content of them with purpose to help you with support and reproduce issues, and to develop protection tools and algorithms.
We perform strict approval process for any form that you share as a template with the other clients. We make this in order to ensure that all shared by you templates do not contain harmful and/or malicious code, illegal content or otherwise can affect and/or harm other clients, clients' information and data, the Service security and or the Service availability and/or operability.
YOU UNDERSTAND AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
SWICS LTD DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
During the term of this Agreement, SWICS Ltd shall use its commercially reasonable efforts to provide the Service without interruption. However,
the parties acknowledge that the FormWarePro service is a cloud based service which may be subject to outages, latency and/or performance issues.
SWICS Ltd does not guarantee continuous and/or uninterrupted access and/or security for the Service, nor that the Service will meet your requirements,
nor that it will be free of errors and bugs. You acknowledges that your access to the FormWarePro service may be occasionally restricted to allow for
updates, maintenance, repairs or the introduction of new features and/or improvements. You acknowledge and agree that any information obtained through the
use of FormWarePro Service is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
No advice or information, regardless of whether oral or written, obtained by you from SWICS Ltd or through the FromWarePRo Service shall create any warranty
not expressly made herein.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES WILL SWICS LTD, ITS DIRECTORS AND/OR EMPLOYEES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, BUT NOT LIMITED OF ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (a) THE USE OF, OR THE INABILITY TO USE, THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR WEBSITES; (c) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA (INCLUDING PERSONAL INFORMATION); (d) ANY OTHER MATTER RELATING TO THE WEBSITE.
The client agree to indemnify and hold harmless SWICS Ltd and its directors and/or employees from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of the Service including but not limited to your submissions, uploaded files or any other content that you (or anyone acting on your behalf) store and/or upload on the Website via the FormWarePro Service; and (c) any claim or allegation that any of your User Content infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.
Should any part or provision of the Terms be held unlawful, void, invalid, or unenforceable that portion shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
The use of the Services shall be governed and construed in accordance with Bulgarian legislation and regulatory authorities. Both parties agree that any dispute, controversy or claim of whatever nature arising out of or in any way relating to the Terms shall be settled in the Courts of Bulgaria.
This Agreement or any additional agreement incorporated herein by express reference constitutes the entire agreement between the parties about the subject matter of this Agreement and supersedes all prior agreements or understandings, regardeless either oral or in writing. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement shall remain in full force and effect.