Overview
These terms apply to PMU Sign, an online form building service for the permanent makeup industry, and you, a customer of PMU Sign.
Please read these Terms carefully. By using PMU Sign or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with a few definitions that should help you understand this agreement.
- PMU Sign (“PMU Sign ” or the “Service”) is an online form building service for the permanent makeup industry offered through the URL www.pmusign.com (we’ll refer to it as the “Website”).
- PMU Sign allows you to build and publish online forms (your “Forms”), and manage form submissions (your “Entry” or “Entries”).
- PMU Sign is owned and operated by PMU Sign, LLC, an Arizona limited liability corporation (“PMU Sign” “we,” or “us”).
- PMU Sign has employees (“our Team”).
- As a customer of the Service or a representative of an organization that’s a customer of the Service, you’re a “User” according to this agreement (or “you”).
These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use PMU Sign, and how we’ll treat your account while you’re a User. If you have any questions about our terms, feel free to contact us.
Account
Term
You and your organization agree to these terms when you sign up and continue to use PMU Sign.
The Term begins when you sign up for PMU Sign and continues as long as you use the Service and/or maintain an Account. During signup, you must explicitly consent to these terms and our Privacy Policy when you click the “Submit and Checkout” button.
Changes
If we need to change these terms, we’ll let you know, since they will immediately apply to your use of PMU Sign.
We may change any of the Terms by posting revised Terms of Service on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of PMU Sign. We may change the Website, the Service, or any features of the Service at any time. You will also be required to agree to the terms of service if they change when you login to your account.
Closing Your Account
You can close your account at any time for any reason. When you close your account, all your information will remain for a set period of 6 months in case you decide to re-signup. After the 6 month period, all your data will be deleted.
You or PMU Sign may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms.
Once terminated, we will make reasonable commercial efforts to permanently delete your account and all the data associated with it, including your Forms and Submissions from our Website. While this information may be temporarily retained in residual backups, we cannot recover your data once you have closed your account.
You are solely responsible for properly closing your Account. There are two ways within PMU Sign to remove your account:
- If you are the sole Owner of an organization, you can delete the account from the Subscriptions page inside of the application, which will suspend the account and cancel any monthly paid subscriptions.
- You can contact PMU Sign support info@pmusign.com and request your account be deactivated
Account Disputes
You are responsible for maintaining ownership of your account.
We don’t know the inner workings of your organization, and we don’t arbitrate disputes over who owns an account. We decide who owns an account based on the Users assigned the role of Owner for the account.
Username and Password
You are responsible for your username and password—do not share or lose them!
You’re responsible for keeping your account username and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords.
We don’t have access to your current password, and for security reasons, we cannot change your password. You can change your password at any time under profile settings. If you have forgotten your password, you can use the “forgot password” option on the login page to reset your password. If you have forgotten the email address you used to sign up, we will do our best to help, but cannot change the email address of an account or otherwise change access to an account or organization data.
Payment
Monthly Plans
You pay monthly for the use of PMU Sign and we are happy to give a refund but only for the current billing month. Once the billing mont has passed, you are not eligible for the previous thirty days refund unless under our discretion.
Trials
We offer trials to help you decide if PMU Sign is right for you. Trials automatically convert to paid monthly plans at the end of the trial period, so remember to cancel if you are not interested.
When you sign up to use PMU Sign, you may have the option to trial one of our paid plans free of charge. These trials are designed to allow you to determine if PMU Sign is a good fit for your organization before paying for usage, without restricting what features are available to you.
During the trial period, some features may be altered slightly, at our discretion, to help with fraud prevention and other measures.
At the end of the trial period, organizations will be automatically converted to the corresponding paid monthly plan, and the credit card on file will be charged. We will send an email to the account owner prior to the end of the trial to remind you that this will occur. You can cancel the trial at any time for any reason by going to profile settings of the account and clicking “Cancel Membership”.
Rights
Our Rights
PMU sign is owned and operated by PMU Sign LLC, and includes all proprietary rights in the Website and the software used to provide PMU Sign. Proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights.
You may not:
- Reverse compile, reverse engineer, reverse assemble, or otherwise attempt, directly or indirectly, to obtain or create source code for the Website or Services for any reason;
- Modify or create derivative works of the Website or Services;
- Interfere with or disrupt the integrity or performance of the Website or Services;
- Attempt to gain unauthorized access to the Website or Services or their related systems or networks; or
- Remove any copyright, trademark, or other notices or legends from the Website or Services.
Your Rights
All forms and entries uploaded by you, the user; are your property and the content will not be managed or adopted by PMU Sign, LLC
Subject to the terms of this Agreement, we grant to you a non-exclusive, revocable, non-transferable, limited license, without right of sublicense, to access and use the Website and Services solely with supported browsers through the internet for your own purposes.
You represent and warrant (legally promise) that you either own or have permission to use all of the Content uploaded to the Website, including your Forms and Submissions. You are responsible for this information, and for activity that occurs under your Account.
We claim no intellectual property rights over the Content you provide to the Website. Your profile, Forms, Entries and materials uploaded remain yours. However, when you share form templates, share Submissions, or otherwise provide access to this Content by others through your use of the Website, you agree to allow others to view and share any Content you add.
Privacy Policy
Please check out our privacy policy to see how we use and protect your info.
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
Right to Review Forms
We are not required to review your forms. However, if PMU Sign, LLC elects to conduct a review of your forms and content and determine that you are violating this Agreement, we have the right to suspend or terminate your account, remove any violating Content, and/or prosecute violations to the fullest extent of the law. In these situations, we may or may not notify you that your account access has been revoked.
Rules and Abuse
Acceptable Use
Do not create forms that violate laws or are prohibited by these terms.
You may not use the Service for unlawful, unauthorized, fraudulent or malicious purposes. More specifically, your usage must adhere to our Acceptable Use Policy. Our Acceptable Use Policy will be treated as part of these Terms.
Compliance with Laws
You are responsible for legal use of PMU Sign and adhering to all relevant data protection and privacy laws.
You are solely responsible for any and all data used and submitted in connection with the Services, and PMU Sign has no responsibility in connection thereto. Your data collection responsibilities include, but are not limited to, the following:
- You will comply with all data protection and privacy laws and rules applicable to the countries where you’re collecting information through PMU Sign, and are responsible for appropriate use and protection of sensitive information, such as personal information or identifiers.
- You will obtain and maintain explicit consent from your customers to your access, use, or disclosure of this data and to PMU Sign, for providing the tools for you to perform the actions described herein. You must obtain any authorizations from your customers required to enable PMU Sign to provide the Services. When obtaining this consent, you will disclose, in a written privacy policy, how you plan to use any of the data collected and will comply with this policy.
- You will defend, indemnify, and hold harmless PMU Sign from any claim, suit or proceeding brought against PMU Sign by a user of your forms in connection with any acts or omissions with regards to data collected by your forms.
- You’re solely responsible for determining whether our Services are suitable for you to use in light of any regulations like COPPA, HIPAA, GLB, EU Data Privacy Laws, or other laws.
- You are expressly prohibited from collecting and storing credit card information in PMU Sign.
If you’re collecting personal information for California residents, you must comply with the California Consumer Protection Act. We recommend signing our Data Processing Addendum if you use PMU Sign (as a service provider) to collect personal information from California residents.
Liability
Limitation of Liability
We are not responsible for losses associated with your use, or inability to use, PMU Sign.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, including interruptions to your use of the Website or Service even if they’re based on negligence or we’ve been informed of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
Hold Harmless Clause
Under the terms of this agreement entered into by the subscription holder and in consideration of PMU Sign, LLC and its products including but not limited to PMU Sign, the subscription holder, and its; users, employees, agents, contractors or affiliates agree to hold harmless and release PMU Sign, LLC and their agents, employees, affiliates, successors, developers and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages, financial or physical, or of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the use, distribution, promotion and endorsement of PMU Sign, LLC or any of its products, software, applications or forms.
PMU Sign, LLC strongly recommends that all forms included in the PMU Sign subscription or any forms that are uploaded by the subscription holder, and its; users, employees, agents, contractors or affiliates, be verified, checked and legitimized by legal council residing in the state that the PMU Sign, LLC product or application is being used in. Governing Law and Venue of this Agreement shall be construed and interpreted in accordance with the laws of the State of Arizona. Venue for any dispute arising from this Agreement shall be in Pima County, Arizona
No Warranties
We cannot promise that PMU Sign will meet your needs.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose or warranties regarding security, reliability, timeliness or performance of the Website or Services. Since people use PMU Sign for a variety of reasons, we can’t guarantee that it will meet your specific needs.
Disclaimers
We are not responsible for linked websites or actions by our users.
We and our Team aren’t responsible for the behavior of any linked websites, or other Users. If you decide to access any of the third-party sites linked to the PMU Sign, you do so entirely at your own risk.
Other Terms
Force Majeure
We’ll do our best to keep PMU Sign running 24/7, but some outage events are beyond our control.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, floods, power blackouts, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Amendments and Waiver
Changes to these terms take effect when we post them. The terms apply even if we do not immediately enforce them.
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Notification of Security Breach
We’ll let you know if your information is compromised. You will promptly let people know if their personal information has been compromised for any reason.
In the event of a security breach that may affect you or your organization’s Content, we’ll notify you of the breach and provide a description of what happened. If the breach compromises personal information you have collected, you will promptly notify all affected parties.
Entire Agreement
This agreement includes these terms, our Privacy Policy, Acceptable Use Policy and any additional terms to enable through PMU Sign.
These Terms, our Privacy Policy, Acceptable Use Policy and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Modified on August 6th, 2020