1. Definitions

For the purposes of these Terms of Service:

• "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Formcloud AI LLC.
• "Service" refers to the Formcloud AI LLC web application, including all features, functionalities, and related services.
• "User" (referred to as either "You", "Your", or "User") means the individual accessing or using the Service, or the company or legal entity on behalf of which such individual is accessing or using the Service.
• "Account" means a unique account created for You to access our Service.
• "Content" refers to any information, data, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Service.
• "User Content" refers to Content that Users submit, post, or transmit through the Service.
• "Subscription" refers to the services or access to the Service offered on a subscription basis by the Company to You.
• "Free Tier" refers to the free subscription plan with limited or full features as described on our pricing page.
• "Paid Tier" refers to any paid subscription plan including Pro and Enterprise plans.
• "Tenant" refers to an isolated instance of the Service provisioned for a specific organization or user.

2. Acceptance of Terms

By accessing or using the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms of Service. These Terms apply to all visitors, users, and others who access or use the Service.

If You are using the Service on behalf of an organization, You represent and warrant that You have the authority to bind that organization to these Terms, and You agree to these Terms on behalf of that organization.

You must be at least 18 years of age, or the age of legal majority in Your jurisdiction, to use this Service. By using the Service, You represent and warrant that You meet this age requirement.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information.

3. Service Description

Formcloud AI LLC is a project portfolio management platform that provides tools for project tracking, budget management, risk assessment, team collaboration, and related functionalities. The Service may include:

• Project creation, management, and tracking
• Budget planning, expense tracking, and financial reporting
• Risk identification and management tools
• Team communication and collaboration features
• Document storage and file management
• AI-powered features including document generation and data analysis (for applicable subscription tiers)
• Reporting and analytics dashboards
• Workflow automation and approval processes

The Company reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content, with or without notice.

4. User Accounts

4.1 Account Creation

To use certain features of the Service, You must register for an Account. When You register, You agree to provide accurate, current, and complete information about Yourself. You must maintain and promptly update Your Account information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

We strongly recommend enabling two-factor authentication (2FA) on Your Account. The Company may require 2FA for certain features or subscription tiers.

4.3 Account Responsibility

You are solely responsible for all activities that occur under Your Account, whether or not You authorized such activities. The Company will not be liable for any loss or damage arising from Your failure to comply with these Account security obligations.

5. Subscriptions and Billing

5.1 Free Tier

The Service offers a Free Tier that provides access to core features at no cost. The Free Tier may have limitations on features, storage, or usage as described on our pricing page. The Company reserves the right to modify the Free Tier features, limitations, or availability at any time.

5.2 Paid Subscriptions

Paid Tiers (Pro, Enterprise) provide additional features and capabilities as described on our pricing page. By subscribing to a Paid Tier, You agree to pay all applicable fees as described at the time of purchase.

5.3 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis, depending on Your selected billing cycle.
• All fees are non-refundable except as expressly stated in these Terms or required by applicable law.
• You authorize Us to charge Your designated payment method for all fees when due.
• If payment fails, We may suspend or terminate Your access to Paid Tier features.

5.4 Price Changes

The Company reserves the right to modify subscription fees at any time. Any price changes will be communicated to You at least 30 days in advance and will take effect at the start of Your next billing cycle.

5.5 Cancellation

You may cancel Your subscription at any time through Your Account settings. Upon cancellation, Your subscription will remain active until the end of Your current billing period, after which You will be downgraded to the Free Tier. No refunds will be provided for unused portions of a subscription period.

6. User Content and Data

6.1 Ownership

You retain all rights to the User Content You submit, post, or display on or through the Service. By submitting User Content, You represent and warrant that You have all necessary rights to that content and that Your content does not violate any laws or third-party rights.

6.2 License Grant

By submitting User Content to the Service, You grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content solely for the purpose of operating and improving the Service. This license terminates when You delete Your User Content or Your Account, except where Your content has been shared with others who have not deleted it.

6.3 Data Processing

The Company may process Your User Content to provide the Service, including but not limited to: storing, backing up, transmitting, and displaying Your content. For AI-powered features, Your content may be processed by artificial intelligence systems to generate documents, insights, or other outputs.

6.4 Data Backup and Export

While We take reasonable measures to back up data, You are solely responsible for maintaining Your own backup copies of User Content. Data export features may be provided based on Your subscription tier.

6.5 Content Removal

The Company reserves the right, but not the obligation, to monitor, review, and remove User Content at Our sole discretion, including content that We determine violates these Terms, is unlawful, offensive, threatening, defamatory, or otherwise objectionable.

7. Intellectual Property Rights

7.1 Company Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent.

7.2 Limited License

Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for Your internal business or personal purposes. This license does not include the right to:

• Modify, copy, or create derivative works based on the Service
• Reverse engineer, decompile, or disassemble the Service
• Rent, lease, lend, sell, sublicense, or transfer the Service to any third party
• Use the Service to develop a competing product or service
• Remove, alter, or obscure any proprietary notices from the Service

7.3 Feedback

If You provide any feedback, suggestions, or ideas about the Service ("Feedback"), You grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to You.

8. Prohibited Uses

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

• Violates any applicable federal, state, local, or international law or regulation
• Infringes upon the rights of others, including intellectual property, privacy, or publicity rights
• Transmits any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonates any person or entity, or falsely states or misrepresents Your affiliation with a person or entity
• Interferes with or disrupts the Service, servers, or networks connected to the Service
• Attempts to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks
• Uses any robot, spider, scraper, or other automated means to access the Service
• Introduces viruses, malware, or other harmful code
• Engages in any activity that could disable, overburden, or impair the proper functioning of the Service
• Uses the Service to send spam, chain letters, or unsolicited communications
• Attempts to circumvent any security features or usage limits of the Service
• Uses the Service to store or transmit any content that is illegal or that You do not have the right to transmit
• Resells, redistributes, or provides access to the Service to third parties without authorization
• Uses AI-generated content from the Service in ways that violate laws or harm others

9. Third-Party Services

The Service may contain links to third-party websites or services, or integrate with third-party services (including AI providers, payment processors, and analytics services). The Company does not control and is not responsible for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party services that You visit or use.

10. Disclaimers

10.1 "As Is" and "As Available"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 No Warranty

THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (E) ANY AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES.

10.3 AI-Generated Content Disclaimer

AI-powered features of the Service may generate content, suggestions, or analyses. Such AI-generated outputs are provided for informational purposes only and should not be relied upon as professional advice. You are solely responsible for reviewing, verifying, and determining the appropriateness of any AI-generated content before use. The Company makes no representations or warranties regarding the accuracy, completeness, or reliability of AI-generated content.

10.4 Financial and Business Decisions

The Service provides tools for project and budget management but does not provide financial, legal, or professional advice. Any decisions made based on information provided by the Service are made at Your own risk. You should consult with appropriate professionals before making significant business or financial decisions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN
• DAMAGES RESULTING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
• DAMAGES RESULTING FROM BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SERVICE
• DAMAGES RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, INCLUDING AI-GENERATED CONTENT
• DAMAGES RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICE

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. If these laws apply to You, some or all of the above disclaimers or limitations may not apply, and You may have additional rights.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service
• Your User Content, including any claim that Your User Content infringes any third-party right
• Your use of the Service, including any data or content transmitted or received by You
• Your violation of any law or the rights of any third party
• Any unauthorized use of the Service using Your Account credentials
• Any claims arising from Your use or misuse of AI-generated content

13. Termination

13.1 Termination by You

You may terminate Your Account at any time by contacting Us or using the Account deletion feature in the Service settings. Upon termination, Your right to use the Service will immediately cease.

13.2 Termination by Company

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. We may also terminate or suspend Your Account if We reasonably believe that:

• You have violated these Terms or any applicable laws
• Your Account has been used for fraudulent or illegal activity
• Continued use of the Service would harm the Company or other users
• Your Account has been inactive for an extended period

13.3 Effect of Termination

Upon termination:

• Your license to use the Service will immediately terminate
• You will lose access to Your Account and any User Content stored within the Service
• We may delete Your User Content, though We are not obligated to do so immediately
• Any provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

13.4 Data Retention

Following termination, We may retain Your data for a reasonable period to comply with legal obligations, resolve disputes, and enforce Our agreements. Enterprise customers may have additional data retention and export options as specified in their service agreements.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is incorporated, without regard to its conflict of law provisions. Your use of the Service may also be subject to other local, state, national, or international laws.

14.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue binding arbitration or, where permitted, file a claim in court.

14.3 Arbitration

Any disputes that cannot be resolved informally shall be finally resolved by binding arbitration. The arbitration shall be conducted in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding shall be entitled to recover costs and attorneys' fees.

14.4 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

15. Changes to Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by:

• Posting the updated Terms on the Service with a new "Last Updated" date
• Sending an email notification to the address associated with Your Account
• Displaying a prominent notice within the Service

Changes will be effective upon posting unless otherwise specified. Your continued use of the Service after any changes constitutes Your acceptance of the new Terms. If You do not agree to the modified Terms, You must stop using the Service and terminate Your Account.

It is Your responsibility to review these Terms periodically for changes.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The failure of the Company to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Entire Agreement

These Terms, together with Our Privacy Policy and any other legal notices or agreements published by Us on the Service, constitute the entire agreement between You and the Company regarding the use of the Service.

These Terms supersede any prior agreements or understandings, whether written or oral, regarding the subject matter hereof. No amendment to or modification of these Terms will be binding unless in writing and signed by the Company.