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GOVFORMS END USER LICENSE AGREEMENT

This agreement ("Terms of Use") between Govforms ("us" or "we") and you governs your use of the Services (as defined below). We reserve the right to modify, supplement or amend these terms of use from time to time in our discretion. Each time you access the Services you agree to these terms and conditions as they may be amended from time to time. To the extent you use the Services as an agent or employee of any organisation that has a separate agreement with Govforms or its affiliate(s) for the provision of the Services (a "Subscriber Agreement"), then such Subscriber Agreement takes precedence over this End User Licence Agreement and will govern your use of the Services on behalf of such principal or employer.

1. The Services

In these Terms of Use, "Govforms" refers to Govforms Limited (the service provider). The "Services" means, collectively, the computer applications, interfaces, software, programs, products, services and websites provided or made available by Govforms and its affiliates, which you may use for, among other things, creating and publishing form content (as defined below).

2. Use of Services

2.1 Subject to these Terms of Use, Govforms grants you a limited, non-exclusive licence to utilise the Services so long as (i) you are eligible to form a binding contract and (ii) you are not barred from receiving the Services under English law or other applicable law. In order to access and/or use the Services, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Services, and you will be responsible for maintaining the accuracy and completeness of such information. You may be assigned a username and/or existing email address and password, or be required to use an existing GitHub username (collectively, "Account ID"), for you to access or use the Services, or to modify your account settings and Content. You are responsible for maintaining the confidentiality of your Account ID and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account ID. You agree to immediately notify us of any unauthorised use of your Account ID, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account ID secure.

3. Posting Content; User Conduct

You acknowledge and agree that all information, data, text, photographs, images, files, software, sounds, recordings, graphics, video, messages, tags and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Services ("Content"), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Services. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content posted or submitted to the Services, without obligation to any person.

You agree that you are responsible for your own conduct and all conduct under your account, and for all Content that is created, stored, shared or published by anyone using your Account ID with the Services and for any consequences arising as a result thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Use, and all applicable laws and regulations in the relevant legal jurisdictions.

3.1 Prohibited Uses

You agree NOT to:

  • use our products or the Services for illegal purposes or for promotion of dangerous activities;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with Govforms or any other person or entity;
  • upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual duties;
  • upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post or otherwise transmit any material that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware;
  • interfere with or disrupt the Services or servers or networks connected to the Services;
  • violate through use of the Services any applicable local, state, national or international law;
  • "stalk" or otherwise harass another person or user of the Services, or take any action invasive to another's privacy;
  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual;
  • solicit passwords or personal identifying information from other users for unintended, commercial or unlawful purposes;
  • exceed the scope of the Services you have signed up for;
  • access (or attempt to access) any of the Services by any means other than through the interface(s) provided by Govforms, or through any automated means;
  • reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services;
  • upload or display publicly Content that contains nudity, sexually graphic material, or material otherwise deemed explicit by Govforms; or that contains threatening, abusive, harassing, defamatory, libellous, invasive, hateful, or racially, ethnically or otherwise objectionable material.

4. Online Safety Act 2023 — Content Safety Duties

4.1 Our Duties

Govforms is committed to providing a safe online environment. As a provider of user-to-business services under the Online Safety Act 2023, we have duties to:

  • Take proportionate steps to prevent users from encountering illegal content on our Services;
  • Operate effective systems and processes for removing or restricting access to illegal content when we become aware of it;
  • Provide clear and accessible mechanisms for users to report content they believe is illegal or harmful;
  • Respond to reports in a timely and appropriate manner;
  • Keep a record of our risk assessments and the steps we take to address identified risks.

4.2 Illegal Content

Under the OSA 2023, the following types of content are classified as illegal and are strictly prohibited on our Services:

  • Content that constitutes or facilitates terrorism or terrorist activity;
  • Content relating to child sexual exploitation and abuse (CSEA);
  • Content that constitutes or incites hatred against individuals or groups based on protected characteristics;
  • Content that constitutes fraud, including phishing or social engineering;
  • Content that facilitates the supply or promotion of illegal drugs, weapons, or other controlled items;
  • Content that constitutes threats of violence, harassment, or stalking;
  • Content that promotes or facilitates self-harm or suicide;
  • Any other content that is illegal under the laws of England and Wales.

4.3 Reporting Illegal or Harmful Content

If you encounter content on our Services that you believe is illegal or harmful, you can report it to us using any of the following methods:

  • Email: curious@govforms.com (subject line: 'Content Report');
  • In-platform reporting: use the 'Report Content' function where available;
  • Post: Govforms Limited, The Mill Building, 31 Chatsworth Rd, Worthing BN11 1LY (marked 'Content Safety').

We aim to acknowledge all reports within 2 working days and to assess and take appropriate action within 5 working days. Where content is clearly illegal, we will act to remove or restrict access immediately.

4.4 Enforcement and Appeals

Where we determine that Content violates this section or applicable law, we may take one or more of the following actions:

  • Remove or restrict access to the Content;
  • Issue a warning to the user responsible;
  • Suspend the user's account temporarily or permanently;
  • Report the Content to the relevant authorities, including law enforcement where required by law.

If you believe that action taken against your Content or account was incorrect, you may appeal by emailing curious@govforms.com within 14 days of the action being taken. We will review your appeal and respond within 10 working days.

4.5 Transparency

In accordance with our duties under the OSA 2023, we will publish information about the steps we take to address illegal content on our Services. This may include the volume of reports received, actions taken, and the outcomes of appeals. This information will be made available on our website.

4.6 Risk Assessments

We carry out regular risk assessments to identify and mitigate risks of illegal content appearing on our Services. These assessments consider the nature of our Services, the types of Content that may be shared, the age and characteristics of our users, and the technical measures available to reduce risk.

5. Privacy Policy

By using the Services, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, our use of your Account ID and your Content in accordance with such Privacy Policy.

6. Proprietary Rights, Licences and Limitations

6.1 Govforms Rights

You acknowledge and agree that Govforms (and any licensors to Govforms) own(s) all legal right, title and interest in and to the Services, including all software comprising a part of the Services and all intellectual property rights therein. You further acknowledge that the rights in the Services are protected by copyright, trademark, patent, trade secret and other laws. Except for the limited licence rights specifically granted to you in these Terms of Use, Govforms and its suppliers own and shall retain all rights, title and interests in and to the Services. You agree not to access, use, copy, reverse engineer, create derivative works from, share or assist any third party to use the Services or any component thereof to design, create, program, market or promote any product in competition with Govforms.

By using the Services and posting Content, you grant Govforms a licence to display, perform and distribute your Content, and to modify (for technical purposes) and reproduce such Content to enable Govforms to operate the Services. You agree that these rights and licences are royalty free, irrevocable and worldwide, solely for the purpose of providing the Services.

6.2 Your Rights

Govforms hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Software provided to you by Govforms as part of the Services, for the sole purpose of enabling you to use and enjoy the benefit of the Services, until your rights are terminated in accordance with these Terms of Use. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through the Services.

6.3 Copyright Notices

We will not knowingly publish content in violation of applicable copyright law. If you believe content has been displayed in violation of any third party copyright, please notify us in writing at: Govforms, The Mill Building, 31 Chatsworth Rd, Worthing BN11 1LY.

7. Provision of Services; Modifications

We retain the right to implement limits on storage, number of users, nature of Content, and other limitations at any time. Govforms may engage affiliates, subcontractors or other third parties to provide all or part of the Services. We reserve the right to modify or discontinue, temporarily or permanently, the Services or any part thereof, with or without notice.

8. Compliance with Laws

You acknowledge and agree that your access to and use of the Services may be subject to applicable laws, ordinances, rules, and regulations, including but not limited to the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Online Safety Act 2023, and any other applicable legislation. You agree to comply with all such laws in your use of the Services.

9. Termination

Govforms may terminate the Services, or your access to or use of the Services or your account, with or without notice. Reasons include, without limitation: breach of these Terms of Use, your request for account deletion, non-payment of fees, requests by law enforcement, discontinuance of the Services, or unexpected technical or security issues. In the event of termination, we will close your account and you will no longer be able to retrieve Content contained in that account.

10. Links

We may include links to third party websites as part of the Services. We have no control over such sites and are not responsible for the availability or content of such external sites.

11. Indemnity

You agree to indemnify and hold Govforms, its subsidiaries, affiliates, officers, agents, employees and partners harmless from any claims, liabilities, damages, losses and expenses arising from your violation of these Terms of Use or applicable law.

12. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOVFORMS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOVFORMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED. ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY.

14. Miscellaneous

(a) These Terms of Use constitute the entire agreement between you and Govforms regarding your use of the Services, subject to any Subscriber Agreement. (b) These Terms of Use and the relationship between you and Govforms shall be governed by English law. (c) The failure by Govforms to exercise any right shall not constitute a waiver. (d) If any provision is found invalid, the remaining provisions remain in force. (e) Notices may be sent to curious@govforms.com.

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