This is the Terms of Service for Caldera Forms Pro. It does not cover Caldera Forms or other products sold by Caldera WP LLC (CalderaWP).
Caldera Forms Pro is a service that makes sending emails through Caldera Forms more awesome. It is a paid service that is not required to use the WordPress plugin Caldera Forms. You can use it as long as you:
- Pay for it
- Don’t use it to send spam
- Don’t use it violate applicable laws
- Don’t exceed the usage quotas set — by default 5,000 messages a month, but we can adjust that for you if needed.
Terms of Service
You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by CalderaWP, acceptance is expressly limited to these terms. Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires an account registered on CalderaForms.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
All terms related to Caldera Forms general licensing also apply to Caldera Forms Pro.
If you choose to share your API keys with your clients or anyone else, you are responsible for their conduct.
We use a third party, Google Analytics to measure Caldera Forms Pro’s audience and usage. By using Caldera Forms Pro, you agree to allow us to track your usage in our application and through Google Analytics. We will not share the content of messages sent through Caldera Forms Pro with Google Analytics.
We rely on 3rd-party services to deliver emails. Those third-party services do not retain the content of your emails but may retain information about who the email was sent to, who it was from and information about its delivery status.
By signing up for the Caldera Forms Pro service you agree to pay CalderaWP the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of that service for a monthly or annual subscription period as indicated.
Unless you notify CalderaWP before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time in the account section of CalderaForms.com.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
CalderaWP may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Caldera Forms Pro account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as-is.” CalderaWP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CalderaWP nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.
Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the State of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Leon County, Florida.
Limitation of Liability
In no event will CalderaWP, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CalderaWP under this agreement during the twelve (12) month period prior to the cause of action. CalderaWP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and CalderaWP reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless CalderaWP, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between CalderaWP and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CalderaWP, or by the posting by CalderaWP of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CalderaWP may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Also, Hi Roy.