IMPORTANT – PLEASE READ CAREFULLY: This End User License Agreement (“EULA”) is between you and Formulize.io (“Formulize.io”, “we”, “us”, “our”). Calculation forms on Formulize.io website are referred as “Program”.
You understand and adhere to the following terms and conditions when buying and using any Formulize.io program. If you do not agree to all of the terms and conditions of this Agreement, or if you do not have the authority, on behalf of the licensee, to agree to all of the terms and conditions of this Agreement, you can not use the Program.
1. The accounts of Formulize.io shall not be shared, resold, or made available to others without our permission. The code and calculators are all Formulize.io intellectual property. Any infringement of this will be known as a violation of copyright laws and further legal action may be taken.
2. Formulize.io accounts are intended only for a single user. If the account is used concurrently in multiple locations, the account will be immediately suspended, and the user will need to contact support to have it reinstated.
3. All transactions are final, and refunds will only be given in cases where the service is not functioning as advertised or if there are technical issues that cannot be resolved by support.
4. Formulize.io is entitled to make any improvements to the Free or Premium Forms accessibility limits at any time and will communicate these changes to users whenever possible.
5. On the day you sign up for a Paid Account, fees will be charged on a pre-pay basis which will cover the use of that service for a monthly subscription period. The monthly subscription fee and additional fees or taxes that apply will be collected from your payment method. You automatically renew your subscription and allow us to collect the then-applicable monthly subscription fee using any credit card or other payment system that you have used unless you inform Formulize.io before the end of the applicable subscription period that you would like to cancel your subscription.
6. If you want to terminate your subscription, you can do so at any time by disabling the automatic payment that is provided inside the software’s Account Settings. There is no lock-in commitment, and there are no cancellation fees or penalties.
7. A 30-day guarantee is given by Formulize.io on this kind of services. If the service is not functioning as advertised or if there are technical issues that cannot be resolved by support, the customer may request a refund within 30 days of the purchase date for the current month when the customer applied for the refund.
8. Without the prior written consent of Formulize.io, you may not rent, lease, sub-license, lend, or transfer the product to another individual or legal entity.
1. In real-life applications, results from any analysis techniques should always be double-checked when implemented. As a Formulize.io user, you are responsible for independently verifying the results of any analysis techniques used in real-life applications before implementing them.
2. Formulize.io warrants that the media on which the Program is provided shall be free from defects in materials and workmanship in regular use for a period of ten (10) days from the start of your subscription. If you inform Formulize.io in writing within this period, Formulize.io will, at its choice, replace or remedy any defective media on which the Program is made available free of charge.
3. Formulize.io warrants that the Program will run in substantial compliance with its relevant documentation for a duration of ten (10) days from the start of your subscription (‘the Warranty Period’). If you notify Formulize.io of an error in writing during the warranty period and provide proof of purchase upon request, Formulize.io will be solely responsible for correcting the error by either supplying you with instructions to circumvent the Error or maintenance release or refunding the licence fees charged for the programme in question. However, Formulize.io shall not be responsible for any errors caused by or arising from (i) equipment, (ii) non-compliance with the specifications for use set out in the Documentation or other inappropriate use of the Software, (iii) any alteration of the Software by you or any third party, and (iv) any other actions or omissions by you or any third party.
4. Except for the restricted warranty set out in clause 3, the program and its documents are provided "as is," and neither Formulize.io nor its suppliers allows any other warranties concerning the software or the documents, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a specific purpose or non-infringement, satisfactory consistency, non-interference, the accuracy of informative content, or arising from a course of dealing, law, usage, or trade practice. You may have other contractual privileges, but the length of statutory guarantees, if any, is restricted to the shortest time permitted by law. In particular, Formulize.io does not promise that the programme will be appropriate for the intended use, operate in an uninterrupted or error-free manner, or that Formulize.io or some third party can fix any errors, or solve any help requests relating to the software; interact with products of software other than those listed in the documentation.
5. Neither Formulize.io nor its suppliers shall be liable for any indirect, exceptional, incidental, dependence, or consequential damages of any kind, regardless of the mode of action, whether in contract, tort (including negligence), indemnity, strict liability, or otherwise, even if notified of the likelihood of such damages in advance. Furthermore, Formulize.io shall not be liable for damages of any kind arising out of or in connection with applications produced by you or your approved affiliates or technical consultants.
6. Under this EULA, Formulize.io's total financial responsibility shall be limited to the gross total of the monthly subscription fees paid by you to Formulize.io for the provided program during the current calendar year. This limitation shall not be exceeded.
7. Clause 5 and 6 shall continue to be in effect even after the expiry or termination of this EULA, for any reason.
8. As a user of Formulize.io, especially professional engineers using Formulize.io products, you agree to exercise adequate duty of care. Like with all engineering software, the outcomes should be thoroughly examined, and adequate tests should be conducted to ensure that the results are reasonable and accurate. Formulize.io and its individual developers shall not be liable for any losses or liabilities as described in Clause 5.
9. Formulize.io shall not be accountable for any loss or delay in the execution of this Contract caused by reasons outside its fair control, including but not limited to, acts of God, wars, strikes or labor disputes, embargoes, government orders, or any other significant event.
10. The results are solely based on the theoretical background and solutions. Several other variables will directly impact the actual effects and actions of the configured or designed systems. As a user, you acknowledge that these factors could significantly alter the results of Formulize.io products in reality, and they should be taken into account when designing and calculating.
11. Formulize.io does not guarantee that the Program is completely free of bugs or errors. While all Formulize.io Software undergoes rigorous testing, it is possible that the Program may produce deviated outcomes due to software failure. As a consumer, you acknowledge this and agree to independently test the Program in compliance with Clause 5 and 8 before using it for any purpose.
12. The results produced by Formulize.io should be tested by a qualified professional and competent engineer before being used in real design projects. As defined in Clauses 5 and 13, Formulize.io will not recognize any liability resulting in damage to third parties.
13. You shall protect, indemnify, and hold harmless Formulize.io against any losses or damages (including appropriate attorneys' fees and costs) at your own expense in connection with any action or proceeding brought by a third party against Formulize.io based on any claim arising out of or relating to your use of the Product. This includes any allegation arising out of or relating to any act or omission by you. In connection with such a suit or proceeding, you will incur all damages and costs levied against Formulize.io (or charged or payable by Formulize.io according to a settlement agreement).
14. By using Formulize.io, you grant Formulize.io permission to use your forms or screenshots and visual media as marketing content, unless you specifically opt-out of this feature. Formulize.io will not release your designs or files to a third party or any other subscriber without your explicit permission.
15. Formulize.io may automatically modify the Program over time without warning, but will make reasonable efforts to notify users of any significant changes. It is your responsibility to keep up-to-date with the changes made by Formulize.io.
16. Formulize.io shall not be held liable for any loss of data and subsequent damages caused to users and its third parties due to server outages, server malfunctions, external attacks, or any unforeseeable causes. However, Formulize.io will make reasonable efforts to ensure the security and reliability of its servers and software.