Last updated on: October 10, 2020
1.1. To access and use the Services, you must register for a ForMe account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. ForMe may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
1.2. You must be the older of: 18 years, or at least the age of majority in the jurisdiction where you reside and from which you use any Services provided by ForMe.
1.3. You confirm that you are receiving any Services provided by ForMe for the purposes of carrying on a business activity and not for any personal, household or family purpose.
1.4. You acknowledge that ForMe will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
1.5. You are responsible for keeping your password secure. ForMe cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
1.6. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded("Materials"), collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
2. Account Activation
2.1. Business owner - the person signing up for the Service by opening an Account will be the contracting party (“Business Owner”) will be the person who is authorized to use any corresponding Account we may provide to the Business Owner in connection with the Service. You are responsible for ensuring that the name of the Business Owner (including the legal name of the company, if applicable) is clearly visible on the Business’s website.
2.3. Your Business can only be associated with one Business Owner. A Business Owner may have multiple ForMe Businesses. Business means the online store or physical retail location(s) associated with the Business.
3. General Conditions
3.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by ForMe.
3.4. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use ForMe or ForMe trademarks and/or variations and misspellings thereof.
3.6. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4. ForMe Contracting Party
4.1. If the billing address of your Business is located in Ukraine, this Section applies to you:
4.1.1. “ForMe Contracting Party” means Limited Liability Company 'FOR ME.UA", which registered at: vul.Zachinyaeva, 162, Zaporizhya, 69089, Ukraine.
4.2. If the billing address of your Business is not located in Ukraine, this Section applies to you:
4.2.1. “ForMe Contracting Party” means RED RABBIT LIMITED, which registered at: Blair House, Upper O'Connell Street, Ennis, Co. Clare, V95FD1V, Ireland.
5. ForMe Rights
5.1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
5.2. We reserve the right to refuse service to anyone for any reason at any time.
5.4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any ForMe customer, ForMe employee, member, or officer will result in immediate Account termination.
5.5. ForMe does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Business.
5.7. In the event of a dispute regarding Business ownership, we reserve the right to request documentation to determine or confirm Business ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
5.8. ForMe retains the right to determine, in our sole judgment, rightful Business ownership and transfer a Business to the rightful Business Owner. If we are unable to reasonably determine the rightful Business Owner, without prejudice to our other rights and remedies, ForMe reserves the right to temporarily disable a Business until resolution has been determined between the disputing parties.
6.1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with an Account and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. ForMe’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
7. Limitation of Liability
7.1. You expressly understand and agree that, to the extent permitted by applicable laws, ForMe shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
7.3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
7.4. ForMe does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
7.5. ForMe does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
7.6. ForMe does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
8. Waiver, Severability, and Complete Agreement
9. Intellectual Property and Customer Content
9.1. We do not claim any intellectual property rights over the Materials you provide to the ForMe Service. All Materials you upload remain yours. You can remove your ForMe Business at any time by deleting your Account.
9.2. By uploading Materials, you agree: to allow other internet users to view the Materials you post publicly to your Business; to allow ForMe to store, and in the case of Materials you post publicly, display and use your Materials; and that ForMe can, at any time, review and delete all the Materials submitted to its Service, although ForMe is not obligated to do so.
9.3. You retain ownership over all Materials that you upload to the Business; however, by making your Business public, you agree to allow others to view Materials that you post publicly to your Business. You are responsible for compliance of the Materials with any applicable laws or regulations.
9.4. ForMe shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Business to promote the Service.
10. Theme Business
10.1. You may establish the appearance of your ForMe Business with a design template from ForMe’s Theme Business (“a Theme”). If you enable a Theme, you are licensed to use it for a single Business only. You are free to transfer a Theme to a second one of your own Businesses if you close your first Business. To initiate a transfer of a Theme to a second one of your Businesses, please contact ForMe Support. You are not permitted to transfer or sell a Theme to any other person’s Business on ForMe or elsewhere. Multiple Businesses require multiple Themes and each Theme is subject to the applicable fee. ForMe gives no assurance that a particular Theme will remain available for additional Businesses.
10.3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, ForMe may take administrative action such as modifying your Business or closing your Business.
10.4. Technical support for a Theme is the responsibility of the designer, and ForMe accepts no responsibility to provide such support. ForMe may be able to help you contact the designer.
10.5. It is the responsibility of the user, and not ForMe, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
11. Payment of Fees
11.1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Business when using all payment providers other than ForMe Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as ForMe Payments, shipping, apps, Themes, domain names, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
11.2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. ForMe will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and ForMe will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
11.3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at ForMe’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Business Owner via the email provided. As well, an invoice will appear on the Account page of your Business’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
11.4. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your Business during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, ForMe reserves the right to terminate your Account.
11.5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
11.6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of ForMe’s products and services. To the extent that ForMe charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to ForMe of your exemption. If you are not charged Taxes by ForMe, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
11.8. You must maintain an accurate location in the administration menu of your ForMe Business. If you change jurisdictions you must promptly update your location in the administration menu.
11.9. ForMe does not provide refunds.
12. Cancellation and Termination
12.2. Upon termination of the Services by either party for any reason:
12.2.1. ForMe will cease providing you with the Services and you will no longer be able to access your Account.
12.2.3. Any outstanding balance owed to ForMe for your use of the Services through the effective date of such termination will immediately become due and payable in full.
12.2.3. Your Business website will be taken offline.
12.3. If you purchased a domain name through ForMe, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
12.4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
12.6. Fraud: Without limiting any other remedies, ForMe may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
13. Modifications to the Service and Prices
13.1. Prices for using the Services are subject to change upon 30 days’ notice from ForMe. Such notice may be provided at any time by posting the changes to the ForMe Site (for-me.life) or the administration console of your Business.
13.2. ForMe reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
13.3. ForMe shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
14. Third Party Services
14.2. Any use by you of Third Party Services offered through the Services or ForMe’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, ForMe may receive a revenue share from Third Party Providers that ForMe recommends to you or that you otherwise engage through your use of the Services or ForMe’s website.
14.3. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that ForMe has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on ForMe’s websites or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ForMe. ForMe does not guarantee the availability of Third Party Services and you acknowledge that ForMe may disable access to any Third Party Services at any time in its sole discretion and without notice to you. ForMe is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. ForMe strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
14.5. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and ForMe is not obligated to intervene in any dispute arising between you and a Third Party Provider.
14.6. Under no circumstances shall ForMe be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if ForMe has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
14.7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ForMe partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
15. Beta Services
From time to time, ForMe may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which ForMe will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered ForMe Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without ForMe’s prior written consent. ForMe makes no representations or warranties that the Beta Services will function. ForMe may discontinue the Beta Services at any time in its sole discretion. ForMe will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. ForMe may change or not release a final or commercial version of a Beta Service at our sole discretion.
16. Feedback and Reviews
ForMe welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to ForMe be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to ForMe (whether submitted directly to ForMe or posted on any ForMe hosted forum or page), you waive any and all rights in the Feedback and that ForMe is free to implement and use the Feedback if desired, as provided by you or as modified by ForMe, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to ForMe must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. ForMe reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
17. DMCA Notice and Takedown Procedure
ForMe supports the protection of intellectual property and asks ForMe merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to ForMe’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.
18. Rights of Third Parties
19. Privacy & Data Protection
19.2. If you are established in the European Economic Area (EEA) and / or or you provide goods or services to customers in the EEA and / or you are otherwise subject to the requirements of the EU General Data Protection Regulation, ForMe’s collection and use of personal information of any European residents is also subject to Data Processing Addendum.
RED RABBIT LIMITED
Upper O'Connell Street