1. Definitions

• "Company" refers to FormVu Inc.
• "Contractor" refers to any individual or business that subscribes to and uses FormVu for job estimation and evaluation.
• "Prospect" refers to any individual using FormVu to submit video forms.
• "Subscription" refers to the monthly or annual paid plan contractors purchase to use the Service.

2. Service Overview

FormVu is a cloud-based video-based form submission tool designed to streamline the job estimation and evaluation process between contractors and their prospective clients ("Prospects"). The platform enables Prospects to easily record and submit video-based form data (including visual walkthroughs and project details) directly to contractors for review. Contractors access and manage these submissions through a subscription-based service, allowing them to evaluate jobs more efficiently, improve client communication, and reduce the need for in-person site visits.

3. Your Account

Contractors are required to create an account to access the Service. During the registration process, you may be asked to provide login credentials, such as a username and password, to access and manage your account.

As a condition of your use of the Sites and Services, you agree to:

• provide FormVu with accurate, current, and complete information as requested during the registration process; and
• promptly update your information to ensure it remains accurate and complete.

You are solely responsible for maintaining the confidentiality and security of your account credentials, and for all activities that occur under your account. FormVu is not liable for any loss or damage arising from your failure to safeguard your account information. Contractors are expected to delete or cease using any Prospect-submitted content upon request or upon termination of their account.

While there may be valid reasons to create more than one account (e.g., for different business entities or use cases), the creation of multiple or overlapping accounts without a legitimate purpose may lead to suspension or termination of your access. If you have questions about managing multiple accounts, please contact our support team at [email protected].

4. Subscription and Payments

FormVu offers standard monthly or annual subscription plans.

Payment is due in advance and is non-refundable unless otherwise required by law.

FormVu reserves the right to modify pricing with prior notice to subscribers.

4.1 Automatic Subscription Renewals

To ensure continuous service, we will automatically charge you for certain Paid Services starting from your initial payment and at each renewal period until cancellation. The renewal period will match the length or amount of your current subscription (e.g., monthly for a monthly plan). By agreeing to this Agreement, you authorize us to charge your payment method on file automatically. You can disable auto-renewal at any time through the Services.

4.2. Trial Period and Auto-Renewal

We offer a free trial period ("Trial"). Trials are intended to allow new Prospects to explore the service before committing to a paid subscription.

• Duration: Trials typically last for 14 calendar days from the date of activation, unless otherwise stated at the time of sign-up.
• Billing & Auto-Renewal: At the end of the 14-day Trial, your subscription will automatically convert to a paid plan and your payment method will be charged the applicable subscription fee, unless you cancel before the trial ends.
• Cancellation: You may cancel at any time during the trial through your account settings. If you cancel before the trial ends, you will not be charged.
• One Trial Per Prospect: Trials are limited to one per Prospect or organization, unless otherwise approved by us.

By starting a Trial, you agree to these terms and authorize us to charge your payment method at the end of the Trial, unless you cancel beforehand.

5. Third-Party Services

The Service may integrate with or link to third-party services (e.g., payment processors). Your use of such services is subject to those third parties' terms and privacy policies. FormVu is not responsible for the performance or content of third-party services.

6. Contractor Responsibilities

You represent and warrant that your use of the Services is in compliance with applicable laws.

Contractors are responsible for their own customer interactions, estimates, and any agreements formed outside of FormVu.

Misuse of FormVu, including unauthorized data collection, may result in account termination.

7. User-Generated Content

Prospects retain full ownership of all videos and data they submit through the FormVu platform. Contractors are granted a limited, non-transferable right to access and use this content solely for the purposes of job estimation and evaluation. FormVu does not review, verify, or assume any responsibility for the accuracy, completeness, or legality of user-submitted content, and disclaims all liability arising from its use.

8. Our Intellectual Property

All content, features, functionality, and materials made available through the Sites and Services, including but not limited to text, graphics, logos, icons, images, audio clips, video, software, code, and the design, selection, and arrangement thereof, are the exclusive property of FormVu Inc. ("FormVu"), its licensors, or other content providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The FormVu name, logo, product and service names, designs, and slogans are trademarks of FormVu or its affiliates. You may not use such marks without the prior written permission of FormVu. All other names, logos, product and service names, designs, and slogans on the Sites or Services are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Sites and Services for your personal or internal business use only, subject to these Terms. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Sites or Services without the prior written consent of FormVu, except as may be explicitly permitted by these Terms.

Unauthorized use of any FormVu intellectual property may violate applicable laws and could result in the termination of your account or access to the Services, as well as potential legal action.

9. Acceptable Use / Prohibited Content

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe the intellectual property or privacy rights of others
• Upload or transmit harmful code, viruses, or malicious content
• Attempt to gain unauthorized access to any portion of the Service
• Interfere with or disrupt the operation of the Service or servers

10. Term and Termination

This Agreement will remain in effect until either you or we terminate it. You may terminate this Agreement at any time through the Services. We reserve the right, at our sole discretion and without notice, to modify, suspend, discontinue, or terminate your access to all or part of the Services or their functionality.

Upon termination, FormVu may retain certain data as required by law or for legitimate business purposes, in accordance with our Privacy Policy.

11. Limitation of Liability

FormVu is provided "as is" without warranties of any kind. FormVu is not responsible for any damages, including lost profits or data loss, arising from its use.

12. Warranty

To the maximum extent permitted by applicable law, FormVu disclaims all warranties, whether express or implied, regarding the Services. The Services are provided "as is" and "as available". No advice or information, whether oral or written, obtained by you from FormVu shall create any warranty. FormVu does not warrant or represent that the Services will: (a) be delivered in a timely manner, uninterrupted, or error-free; (b) meet your specific requirements or expectations; or (c) be free from viruses or other harmful elements.

If you are dissatisfied with any part of the service or with these terms of service, your sole and exclusive remedy is to cease using the services.

13. Governing Law and Dispute Resolution

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Service, or the relationship between you and FormVu Inc. (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

14. Binding Arbitration

Except for disputes that qualify for small claims court or claims for injunctive or equitable relief, any dispute or claim arising out of or relating to these Terms or the use of the Service shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, where appropriate, its Consumer Arbitration Rules. The arbitration will be conducted in the State of Delaware, unless otherwise agreed by the parties.

You and FormVu Inc. agree that any arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator shall have the authority to award any remedy that would otherwise be available in court. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

15. Waiver of Jury Trial and Class Actions

By agreeing to these Terms, you and FormVu Inc. waive any right to a jury trial or to participate in a class action. You agree that you may bring claims against FormVu Inc. only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

16. Force Majeure

FormVu will not be held liable for any delay or failure to perform any obligation under these Terms due to events beyond our reasonable control. This includes, but is not limited to, acts of God, natural disasters, power outages, internet or telecommunications failures, labor strikes or disruptions, civil disturbances, acts of terrorism, war, governmental orders or regulations, or other unforeseen events beyond our control.

17. Modifications to These Terms

We may update or modify these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice within the Service. Your continued use of the Service after such changes become effective constitutes your acceptance of the new Terms.