Terms of Use and End User License Agreement

Last updated: October 2024

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and BP Mobile LLC (“we,” “us” or “our”), concerning your access to and use of the Website, available at https://myfiles.formaonline.app (hereinafter, the “Website”).

All the documents that relate to the Website are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before using the Website.

It is important that you read and understand this Agreement as by using the Website you indicate that you have read, understood, agreed and accepted the Agreement. By using the Website you agree to abide by this Agreement.

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access and/or or use the Website and you must promptly discontinue accessing and/or using the Website.

Note that the present Agreement governs only the use of the Website and does not regulate the use of our Forma mobile Apps (hereinafter, “Forma Apps” collectively and “Forma App” either for iOS or macOS separately). Therefore, if you want to learn the rules and regulations applicable to our Forma Apps, please visit the Terms of Use and End User License Agreement for Forma Apps.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE WEBSITE

In order to access and/or use the Website, you must reach the age of majority or legal age in your applicable jurisdiction (i.e. in most jurisdictions you must be at least eighteen (18) years of age or older).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to access and/or use the Website. So if you are between the ages of thirteen (13) and seventeen (17) years and you wish to access and/or use the Website, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agreed (get your parent or guardian’s consent) to this Agreement prior to your access and/or use the Website; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

Parents and guardians must directly supervise any access and/or use of the Website by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the Website by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.

Any person under the age of thirteen (13) years is not permitted to use the Website.

You affirm that you have either reached the age of majority or legal age in the applicable jurisdiction, or you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

IV. GENERAL TERMS

The Website provides current Forma Apps users having active Forma accounts, as well as new registered users (collectively, “registered Forma users”) with a web-based version of file manager with cloud storage features. This file manager allows registered Forma users to access, save, store, manage and work with documents and files through a personal account created on the Website or via one of Forma Apps (hereinafter, “Forma account”).

The Website is intended for your personal non-commercial use. You agree not to use the Website for any illegal, inappropriate or unauthorized purpose or activity.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to and use of the Website are subject to the Privacy Policy. By accessing and(/or) using the Website, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop accessing and(/or) using the Website. Please read our Privacy Policy carefully.

VI. END USER LICENSE AGREEMENT

INTELLECTUAL PROPERTY RIGHTS RELATED TO THE WEBSITE

Note that this subsection “INTELLECTUAL PROPERTY RIGHTS RELATED TO THE WEBSITE” does not apply to Files associated with your Forma account (as defined below in subsection “FILES ASSOCIATED WITH YOUR FORMA ACCOUNT”). The regulations regarding Files associated with your Forma account are set forth in this Section VI below under the relevant subtitle “FILES ASSOCIATED WITH YOUR FORMA ACCOUNT”.

By using the Website, you undertake to respect our intellectual rights (intellectual rights related to the Website’s source code, graphic design, user interface, look and feel of the Website, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the Website, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the Website pursuant to this Agreement (the “License”).

You may use our Website solely for your own non-commercial purposes. You are bound to respect the copyrighted and trademarked material within the Website. You cannot sell pictures, articles, videos, or other materials available on the Website.

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the Website are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

All rights, title and interest in and to the Website and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of BP Mobile LLC and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the License herewithin.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names displayed on the Website or mentioned herein may also be the trademarks of their respective owners.

FILES ASSOCIATED WITH YOUR FORMA ACCOUNT

In the context of the present Agreement the term “Files associated with your Forma account” refers to any of the documents, files, images, pictures, other data that you upload, manage and store within your Forma account using Forma App(s) or the Website.

Note that you retain full control with respect to the Files associated with your Forma account.

License grant with respect to the Files associated with your Forma account. We do not claim ownership in the Files associated with your Forma account. However, in order to be able to provide you with the cloud storage functionality of Forma Apps and the Website, we need to obtain specific limited purpose licenses and permissions with respect to the Files associated with your Forma account. In particular, if you are a registered Forma user and use the cloud storage functionality you hereby grant to us, as well as to our successors, affiliates, agents, assigns or to anyone authorized to act on our behalf, a non-exclusive, worldwide, time-limited (i.e. limited to a period of time necessary to fulfill the purposes of license grant), royalty-free, sublicensable, transferable, limited purpose license and permissions to reproduce, process, store the Files associated with your Forma account using the services of our cloud storage provider (Amazon Web Services, Inc.) in order to enable you to use the cloud storage functionality of Forma App(s) and/or the Website, synchronize your files in real time and access them from any device or platform (iOS, macOS, web).

For the avoidance of doubt, you hereby acknowledge and agree that you provide us with the above mentioned License grant with respect to the Files associated with your Forma account without the requirement to make any payment or compensation to you or to any third party. You also hereby agree that you will not pursue or demand from us, our successors, affiliates, agents, assigns or from anyone authorized to act on our behalf any charges or fees in relation to the copyrights in and to the Files associated with your Forma account.

VII. PROHIBITED BEHAVIOUR

You agree not to use the Website in any way that:

  • is unlawful, illegal or unauthorized;
  • is defamatory of any other person;
  • is obscene or offensive;
  • infringes any copyright, database right or trademark of any other person;
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the Website or any documentation concerning the Website.

You shall not transfer, lend, rent, lease, distribute the Website, or use it for providing services to a third party, or grant any rights to the Website or any documentation concerning the Website to a third party.

Misuse of any trademarks or any other content displayed on the Website is prohibited.

You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the Website, directly or indirectly, by way of a violation of our Intellectual Property Rights.

Moreover, you shall not make any attempts to use the Website or part thereof for malicious intentions.

Also we are not responsible for the way you use the Website.

It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

VIII. AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY

In order to use the Website, you are required to have a compatible electronic device (computer, mobile phone or tablet) and Internet access.

We do not warrant that the Website will be compatible with all hardware and software which you may use.

We make no warranty that your access to the Website will be uninterrupted, timely or error-free.

You acknowledge that the Website is provided via the Internet, therefore, the quality and availability of the Website may be affected by factors outside our reasonable control.

We may add new features to the Website, change, update, upgrade, modify it or anything described in it without noticing you. If the need arises, we may suspend access to the Website, or close it indefinitely.

You also warrant that any information that you submit or send us via the Website is true, accurate and complete.

If you decide not to use the Website for any reason you should stop accessing the Website.

IX. CHARGES

Subscriptions to Premium options of Forma Apps are currently not offered and cannot be purchased on the Website.

All subscriptions to Premium options of Forma Apps may be purchased only in the corresponding Forma App (either for iOS or macOS) and are regulated by Section IX of the Terms of Use and End User License Agreement for Forma Apps. Please examine Section IX of the Terms of Use and End User License Agreement for Forma Apps carefully if you decide to purchase a subscription to Premium options in one of the Forma Apps.

Nevertheless, note that if you are a registered Forma user and have purchased a subscription in one of the Forma Apps while being logged into your Forma account, then the Files associated with your Forma account, as well as additional cloud storage space corresponding to your purchased subscription plan will also be available to you when you sign in to such Forma account on the Website.

X. THIRD PARTY WEBSITES AND RESOURCES

The Website may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Website exists (unless we are the provider of those linked websites or mobile applications). Such linked third party websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT, CONTENT OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE OR ITS SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE AND SERVICES PROVIDED BY THE WEBSITE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE WEBSITE AND ITS SERVICES IN ANY COUNTRY.

WE ARE NOT LIABLE FOR ANY DAMAGES AND/OR LOSSES THAT MAY OCCUR AS A RESULT OF SOMEONE ELSE USING YOUR CREDENTIALS TO ACCESS YOUR FORMA ACCOUNT AND/OR FILES ASSOCIATED WITH YOUR FORMA ACCOUNT WITHOUT YOUR KNOWLEDGE AND EXPRESS CONSENT.

XIII. LEGAL COMPLIANCE

You must 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.

XIV. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.

We make no representations that the Website is appropriate or available for use outside of the USA. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you choose to access or use the Website from or in locations outside of the United States, you are responsible for:

  • ensuring that what you are doing in that country is legal; and
  • the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Website and the services provided by the Website or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of the first notice from the party that initiated a dispute by the second party, both parties will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XV. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all access and/or use of the Website.

XVI. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the Website, please contact us at [email protected].

Copyright © BP Mobile, LLC.