1. Preamble

These Terms of Service apply to the relationship between the Subscriber subscribing to the services (hereinafter Subscriber) and EZCourtForms (hereinafter Supplier). These Terms of Service set forth the terms, rights, restrictions and obligations on using the service, as detailed herein. All rights reserved.

2. Definitions

  • User account – an account, hosted by Supplier or an administered account provided to the Subscriber through the Service for the purpose of enabling such Subscriber to use the Service.
  • Service – a web application as provided on our website.
  • Service Plan – the type of Service provided by the Supplier. Services are provided under different labels (e.g. “Per Case”, “Per Month”, “Per Year”), each label designating a particular Service Plan. Different prices are charged for different Service Plans. The detailed descriptions and pricing of Service Plans are available on our website.

3. Commencement of the Agreement

The agreement between Supplier and Subscriber is that as set forth herein, no other representations may be relied upon by Subscriber and this agreement is considered binding from the moment the Subscriber starts using the Service.

4. Service

Supplier does not offer any legal advice or services. All the forms are based on the free public source and free online information. Hence, we are not responsible if any forms are being used illegally or erroneously by subscribers. If you need aid when filling out the forms, or have questions about the forms, please contact your local attorney.

Supplier provides forms automation services based on the information our users input in order to save them time per case. Supplier hereby grants Subscriber a perpetual, personal, non-assignable & non-transferable, commercial, non-exclusive subscription right to the Service. Supplier is not responsible for any misuse by subscribers.

The Supplier will use commercially reasonable efforts to provide the Service to the Subscriber in accordance with the Subscriber’s Service Plan.

The Subscriber acknowledges that (i) the Service has not been designed to meet their individual requirements; (ii) the operation of the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without errors; (iii) the Service is not fault-tolerant; (iv) the Service is not responsible for any wrong inputs of the forms by the Subscriber.

The Service is provided on an “as is” and “as available” basis. The Subscriber’s selection and use of the Services are at the Subscriber’s own risk.

Subscriber may not assign or transfer his or her rights and duties under this subscription.

5. Fees and Billing

The service fee is dependent upon the Service Plan chosen by the Subscriber. Subscriber can upgrade their Service Plan in the Service by choosing a different plan.

The payment is made through a payment solution on Supplier’s website.

Unless otherwise agreed at the time of subscription, the Subscriber’s billing cycle is per use, per month or per year, starting on the day immediately following their subscription to the respective Service Plan.

Payment for the Service is due in advance by the first day of each billing cycle and shall be made by credit card.

Supplier has the right to change the fees of the Service anytime. If the Subscriber does not agree with the new service fees, the Subscriber has the right to ordinarily cancel the Service through the website.

If the Subscriber has paid in advance and cancels the Service ordinarily before the end of the settlement period, then Supplier will not reimburse the fee paid by the Subscriber in advance.

6. Customer Undertaking

All information provided by the Subscriber during the sign-up process must be true, accurate and up-to-date and the Subscriber undertakes to promptly correct any information that becomes outdated or incorrect. The Supplier is entitled but not obliged to verify the Subscriber’s information and may rely on this data without any verification.

The Subscriber must comply with all laws, regulations and ordinances applicable to the Subscriber’s use of the Service.

7. User Account Management

Use of the Service is subject to conditions permitted by the technical functionality of the Service.

With respect to the Subscriber’s username and password, the Parties have agreed that the Subscriber shall be responsible for (i) maintaining the confidentiality of their username and password, (ii) any and all actions by persons that the Subscriber gives access to or that otherwise use such username or password, and (iii) any and all consequences of use or misuse of such username or password.

Supplier has the right to suspend the provision of the service (incl. close the access to the User Account) anytime if the Subscriber misuses the service.

8. Technical Developments

The Service is provided with the functionality and technical level made available to the Subscriber at the time of accepting these Terms of Service.

Supplier has the right to change the functionality of the Service, among other things in connection with the technical or substantive development of the Service, the development of additional functions or the need to change the technical parameters.

9. Intellectual Property

The Subscriber acknowledges that all Service-related Intellectual Property belongs and shall belong to the Supplier. The Subscriber shall not acquire any right, title, or interest in the aforesaid Intellectual Property or otherwise in connection with the Service. Any rights not expressly granted herein shall be deemed withheld. Neither the fact of concluding this, nor any provision contained herein, nor any breach by any Party of its obligations hereunder, shall be construed as creating in the Subscriber or cause the Subscriber to acquire any proprietary right, security interest, pawn or any other right of security with respect to any item or asset belonging to the Supplier.

The Supplier respects the Intellectual Property of others and may, in appropriate circumstances and at its discretion, disable or terminate any User Account through which the rights of others are infringed.

Subscriber hereby agrees not to modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service. If the source code of the Service is otherwise made available to the Subscriber, the Subscriber acknowledges that the copyright to such source code belongs to the Supplier and the Subscriber use of the source code is permissible only under the terms and only to the extent allowed under these Terms of Service.

The Supplier does not have any obligation to enhance, modify or replace any part of the Service or to continue developing or releasing new versions thereof.

10. Confidentiality

Supplier ensures the secure storage of confidential data and personal data entered through the Service. Supplier is not responsible if the confidential information and personal data published through the user account become known to third parties due to the activities of the User Account users (e.g. disclosure of the user ID and/or password to the third party).

Neither party may disclose confidential information that came to its knowledge during performance of the Terms of Service without the prior written consent of the other party.

11. Liability

The goal of Supplier is to provide the best quality and security service, but Supplier cannot guarantee that the Service is uninterrupted, timely and error-free always. Supplier is not responsible for technical obstacles and damages arising from the use of the Service, including if it is caused due to the actions or omissions of the web hosting, internet service provider or another service provider.

Supplier is not liable for damages incurred by the Subscriber and third parties in the following cases:

  • impossibility to use the Service or any part thereof, including in the event of a technical error or temporary obstruction;
  • temporary unavailability of the Service or an error that causes temporary unavailability of information;
  • destruction, erasure or corruption of data;
  • any incorrect information supplied by Subscriber.

Supplier is not liable for indirect damage to the Subscriber and is not obliged to compensate for lost income, expenses related to interrupted business activities, loss of profit or other similar losses.  Subscriber agrees to indeminify and hold harmless Supplier for any lawsuit arising from use of Service. For the avoidance of doubt in no event will either party be liable to the other party in contract, tort, misrepresentation or otherwise, for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, nor for any direct or indirect loss of profit, loss of anticipated profits, loss of revenue, loss of anticipated revenue, loss of savings or anticipated savings, loss of business opportunity, increases in cost of working whether anticipated or not, loss or corruption of data, loss of use or loss of operating time and any costs and expenses associated therewith, loss or damage to software or data which it contains during repair or upgrade whether or the cost of purchasing elsewhere, depletion of goodwill or reputation or otherwise which arise out of or in connection with the Service and whether or not foreseeable or made known to the other party.

12. Legal

This Agreement shall be governed in accordance with the laws of the State of California, USA, excluding its conflict of law principles, Choice of Law elected as California.  Any action or proceeding in connection with this Agreement shall be brought before the American Arbitration Association located in Los Angeles County, California.  Both Parties hereby consent to the personal jurisdiction of said courts and waive any claim for lack thereof. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

13. Severability

Should any portion of this Agreement be deemed invalid or unenforceable by an authority of competent jurisdiction, then said portion shall be changed and interpreted so as to best accomplish the objectives of the Parties; and if it cannot, shall be severed here from with the remaining portions of Agreement continuing with full force and effect as if the severed or altered portion never existed.

Effective date: July 2019