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These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Forum3 Inc. (“Company,” “we,” or “us”) governing your access to and use of the Spok Platform, including any content, functionality or services made available to you at https://spok.app, whether as a guest or a registered user.
BY CLICKING ON THE “SIGN IN” BUTTON, BY REGISTERING AN ACCOUNT ON THE SPOK PLATFORM USING YOUR EMAIL, VIA GOOGLE SIGN-IN, OR BY ANY OTHER MEANS, OR BY ACCESSING OR USING THE SPOK PLATFORM, YOU AGREE TO ALL OF THE FOLLOWING:
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SPOK PLATFORM.
The Spok Platform is offered and available to users who are 18 years of age or older located in the United States. By using the Spok Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Spok Platform.
To access the Spok Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Spok Platform that all the information you provide is correct, current, and complete. You agree that all information you provide to register for the Spok Platform is governed by our Privacy Policy (available at https://www.spok.app/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Spok Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Subject to and conditioned on your compliance with these Terms, we hereby grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Spok Platform in accordance with the terms and conditions herein.
You shall not use the Spok Platform for any purposes beyond the scope of the access granted in these Terms. For example, you shall not at any time, directly or indirectly do any of the following:
The Spok Platform may include products, content, services, information, websites, or other materials that are owned by third parties and are incorporated into or accessible through the Spok Platform (“Third-Party Products”). Such Third-Party Products are subject to their own terms, and we are not responsible for them. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products.
These Terms do not entitle you to any support for the Spok Platform.
You are responsible and liable for all uses of the Spok Platform resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms.
Notwithstanding anything to the contrary in these Terms, we may temporarily suspend your access to any portion or all of the Spok Platform (“Platform Suspension”) if any of the following conditions exist:
Company will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that you may incur as a result of a Platform Suspension.
Notwithstanding anything to the contrary in these Terms, we may terminate your access to any portion or all of the Spok Platform (“Platform Termination”) if any of the following conditions exist:
Some of our AI service providers prohibit the generation of sexual, religious and political content and hence you are prohibited from generating any such content. If you repeatedly try to generate such prohibited content, even by mistake, your access to the Spok Platform may result in a Platform Termination.
In the event of a Platform Termination, no refunds will be issued.
As between you and us, we own all right, title, and interest, including all intellectual property rights, in and to (i) the Spok Platform (“Company IP”) and (ii) data and information related to your use of the Spok Platform to be used by Company in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Spok Platform (“Aggregated Statistics”).
As between you and us, you own all right, title, and interest, including all intellectual property rights, in and to information, data, and other content, in any form or medium, that is transmitted by or on behalf of Customer through the Spok Platform other than Aggregated Statistics (“Customer Data”). Customer Data includes input that you provide to the Spok Platform (“Input”) and output from the Spok Platform based on your Input (“Output”). You represent and warrant that you have all rights, licenses, and permissions needed to provide Input on the Spok Platform. You hereby grant to us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for us to provide the Spok Platform to you and to improve the Spok Platform. We will not share your Input or Output with any third party except as necessary to comply with applicable law, enforce these Terms, or to keep the Spok Platform safe. You will ensure that Customer Data will not violate any policy or terms referenced in or incorporated into these Terms or any applicable law.
If you sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Spok Platform, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback without restriction or compensation to you irrespective of any other obligation or limitation between you and us governing such Feedback.
Company reserves all rights not expressly granted to you via these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing herein grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any intellectual property rights or other right, title, or interest in or to the Company IP.
Machine learning and artificial intelligence (“AI”) are rapidly evolving fields of technology. Company and the third parties that we work with to provide Third-Party Products as part of the Spok Platform are constantly working to improve our products and services but, in some situations, Output on the Spok Platform may not be accurate. When you use the Spok Platform, you understand and agree that:
Some aspects of the Spok Platform may be available only through creation of a subscription account and payment of a fee (“Subscription Services”). To the extent that you sign up for Subscription Services, the following additional terms and conditions apply:
If you elect to subscribe to a Subscription Service then, in exchange for payment of the applicable fee (the “Fee”), you will have access to such Subscription Service for the period of time indicated during the subscription sign-up process. This may be a fixed period of time specified by the Company, or you may have the option of choosing among automatically renewing subscription term options, such as a subscription that automatically renews on a monthly or annual basis until canceled. The period of time during which you may access the applicable Subscription Service is referred to in these Terms of Use as the “Subscription Term”.
Your ability to access and use a Subscription Service will commence on the date we make such Subscription Service available to you following your payment of the applicable Fee for such service and will continue until the end of the applicable Subscription Term.
You agree to pay all Fees and other charges applicable to your Subscription Services accounts, including any applicable taxes. We reserve the right to change the amount of, or the basis for determining, any subscription Fees for the Subscription Services and to institute new subscription Fees with prior notice to you. Any such changes will be effective on the first day of the next Subscription Term for the applicable Subscription Service unless we specify a different effective date in our notice to you. You accept such Fee changes by continuing to subscribe to the Subscription Service after the Fee change has taken effect. If you do not wish to agree to any such Fee change(s), you must cancel the applicable subscription before the effective date of the applicable change.
If you have elected to subscribe to a Subscription Service with a Subscription Term that renews automatically then, unless you affirmatively cancel your subscription before the end of the then-current Subscription Term, (1) we will automatically renew your subscription for subsequent new Subscription Terms of the same duration and will automatically charge the applicable Fee for each Subscription Term to the payment method you have provided, and (2) you hereby authorize us to do so. If you affirmatively cancel your subscription, your subscription will expire, and your access to the Subscription Service will cease, at the end of the then-current Subscription Term. You may cancel your subscription at any time by emailing us at spok@forum3.com and including “Subscription Cancellation” and your email account (that you used when you signed up for the subscription) in the subject of the email. Requests to cancel subscriptions will be effective once the Subscription Term in which we received the cancellation concludes.
To continue to access the Subscription Services after your subscription has expired, you will need to purchase a new subscription. We will not provide any full or partial refund (except where the law requires us to provide a refund) or prorate Fees for Subscription Services.
We may, at our sole discretion, offer Trial Subscription Services with a free trial for a limited period of time (“Free Trial”) that requires you to enter in payment information in order to sign up. If you do enter your payment information when signing up for Free Trial, you will not be charged until the Free Trial has expired. On the last day of Free Trial period, unless you canceled your Subscription as set forth above, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. We reserve the right, in our sole discretion, to cancel any such Free Trial offers or modify the terms related thereto.
When you provide payment information for Subscription Services Fees, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third-party credit card updating services to obtain current expiration dates on credit cards.
We use the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your account. When making transactions on the Spok Platform and agreeing to these Terms, you also agree to be bound by Stripe’s Terms of Service (https://stripe.com/legal/ssa).
You expressly understand and agree that we shall not be liable for any payments and monetary transactions that occur through your use of the Spok Platform. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that we shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Spok Platform and/or Stripe. We shall not be held liable for loss or damage resulting from errant or invalid transactions processed through your Stripe account, including, but not limited to, transactions that were not processed due to a network communication error, or any other reason beyond our control. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You understand that we use the Stripe API to handle payments on the Spok Platform and acknowledge that the Stripe API is subject to change at any time. You accept that such changes may impact the Spok Platform, and agree to not hold us liable for any such impact. You understand and agree to not hold us liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe account, your account with us, or your business.
You agree not to process stolen or unauthorized credit cards through Stripe and/or your account with us, and any such improper processing may result in immediate termination of your account and legal action.
THE SPOK PLATFORM IS PROVIDED “AS IS” AND COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE SPOK PLATFORM, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SPOK PLATFORM, ANY CONTENT ON THE SPOK PLATFORM OR SUCH OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SPOK PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Spok Platform, including, but not limited to, your Customer Data, any use of the Spok Platform’s content, services and products other than as expressly authorized in these Terms, or your use of any information generated from your use of the Spok Platform.
All matters relating to the Spok Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Spok Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Forum3 Inc. with respect to the Spok Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Spok Platform.
We may update these Terms or the Spoke Platform from time to time in our sole discretion. We will give you at least 30 days advance notice of changes to these Terms that materially adverse impact you. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must not access or use the Spok Platform and, as applicable, affirmatively cancel your subscription as set forth above.
If you believe that your intellectual property rights have been infringed, please send notice to: Forum3 Inc., ATTN Legal / Copyright Agent, 4616 25th Ave NE #356, Seattle, Washington 98105.
Notice of such claims must include the following information:
We may delete or disable content that we believe violates these Terms or is alleged to be infringing and actions by repeat infringers may result in Platform Termination.
Please contact spok@forum3.com with your feedback, comments, requests for technical support, or if you believe our restriction of your access due to a Platform Suspension or Platform Termination was in error.
Last modified: June 15, 2024
