Digital Forms Terms

The Weave Digital Forms Terms of Service (“Forms Terms”) supplement the Weave Terms of Service (“Terms of Service”) and collectively govern your use of our Weave Digital Forms service (“Forms Service” or “Weave Forms”). These Forms Terms, together with the Terms of Service, are hereinafter referred to as the “Terms.” All capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Service. To access and use the Weave Forms, the Subscriber and its end users of the Service must at all times agree to and abide by these Terms.

1. Weave Forms Service.  The Forms Service consists of a customizable digital forms solution to simplify the creation of online Forms and the collection of Customer data.
2. Subscriber Obligations.
   1. You have exclusive control over and responsibility for the content, quality, and format of any form created or processed through the Forms Service (“Form”). You are solely responsible for thoroughly reviewing and editing Forms as needed prior to use and for determining whether such Forms meet your requirements and needs. It is also your responsibility to ensure that all Forms meet applicable legal requirements. 
   2. The Forms Service is intended only as a tool. Weave may provide services to build Forms at your direction and/or on your behalf, or provide access to pre-built Form templates for your use. Weave makes no representations that custom-built or templated Forms meet requirements as set forth in any applicable federal, state, provincial, municipal or local government laws, statutes, rules, by-laws and regulations, or in any applicable official rules, policies, notices, directives, orders, judgments and decrees of any governmental authority, as amended from time to time (“Applicable Laws”). Applicable Laws will depend on your particular use case and context. Weave does not provide any kind of legal advice, and any Forms built by Weave, whether custom-built or templated, should not be relied upon as legal advice. By using Weave Forms, you are not accessing attorney services or legal advice from Weave, and Weave Forms, including any samples, templates, or any information or resources provided in connection with Weave Forms, is not a substitute for the advice of an attorney. Always seek the advice of your own legal counsel with questions regarding any compliance with Applicable Laws when using Weave Forms. 
   3. You are responsible for compliance with all Applicable Laws governing the security, privacy, collection, retention and use by you of any personal information collected via Weave Forms. You agree to provide notice to any existing or potential customer, client, patient, or other end user who uses the Forms Service to submit personal, health, contact, or other information to you (collectively, a “Non-Subscriber End User”), that discloses how and why personal information is collected and used, including uses governed by the Terms. You also agree to obtain all necessary consents for collecting such data, as required by Applicable Laws. 
   4. You are responsible for confirming the accuracy of the information collected via Weave Forms, including validity of signatures, consents, acknowledgments, and agreements. This means that you and any Non-Subscriber End User, not Weave, are entirely responsible for all such content that it uploads, submits, or otherwise transmits via the Forms Service. Weave does not control or verify the data submitted through the Forms Service and, as such, does not guarantee the accuracy, integrity, or quality of such data.
   5. Weave does not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation, any counseling, testing, medication, procedure or therapy related to the avoidance, prevention, diagnosis or treatment of any acute or chronic illness, disease or condition (collectively, “Healthcare Services”). The Forms Service is intended only as a tool, which can be used to assist Subscribers and Non-Subscriber End Users in communicating and transmitting information about Healthcare Services. As a result of its limited role as an intermediary between Subscribers and Non-Subscriber End Users, Weave has no control over the appropriateness, accuracy, quality, timeliness, scope, price or risks of or associated with any Healthcare Service. To the extent that any Healthcare Services are offered to any Non-Subscriber End User, they are provided by the applicable Subscriber, not Weave. You agree to release Weave from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Weave Forms (including any injuries or disability arising therefrom). 
3. Intellectual Property Rights.
   1. The Forms Service and its entire contents, features and functionality (including, but not limited to, all information, templated Forms, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, “Forms Content”), are owned by Weave, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Forms Service and all such Forms Content may not be used except as permitted herein and in the Weave Terms of Use. No right, title, or interest in or to the Form Services or any Forms Content is transferred to you, and all rights not expressly granted are reserved by Weave. Any use of the Forms Service or Forms Content not expressly permitted herein or by the Terms of Use constitutes a breach of your obligations and may violate copyright, trademark, and other laws.
   2. You agree not to sell, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Forms Service, except as set forth herein.  You may access and use any Forms solely for their intended purpose and solely in connection with your own use with your Customers, and not for any further reproduction or distribution. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials.  
   3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Forms Service or Forms Content in breach of the obligations set forth herein or the Terms of Use, your right to use the Forms Service will cease immediately.
4. Use of Weave Forms to Execute Contracts, Agreements, or Documents. Weave Forms may be used to facilitate the execution of consents, acknowledgments, contracts, agreements, or documents (“Document”) between a Subscriber and a Non-Subscriber End User.
   1. Electronic signature laws or regulations may impose specific requirements for electronic Documents. You are solely responsible for ensuring your use of Weave Forms complies with all such laws and regulations, and Weave has no obligations to make such determination or assist with fulfilling any requirements therein. You are solely responsible and liable for performing any authentication or verification of Non-Subscriber End Users. You are solely responsible for ensuring that the Documents used with Weave Forms are appropriate for electronic signatures, and Weave is not responsible or liable for any such determination or use.
   2. Nothing in these Terms may be construed to make Weave a party to any Document processed through the Forms Service, and Weave makes no representation or warranty regarding the transactions sought to be effected by any Document or the legal enforceability of any Document.
   3. Certain types of Documents may be excepted from electronic signature laws (e.g., wills, codicils, power of attorney, and other agreements pertaining to family law), or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. Weave is not responsible or liable to determine whether any particular Document is (i) subject to an exception to applicable electronic signature laws; (ii) subject to any particular agency promulgations; or (iii) can be legally formed by electronic signatures.
   4. Weave is not responsible for determining how long any Documents are required to be retained or stored under any Applicable Law. Further, Weave is not responsible for or liable to produce any of Subscribers Documents or other documents to any third parties.
   5. Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. Weave does not and is not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Forms Service, consumer or otherwise; or (vi) comply with any such special requirements.
   6. Subscriber undertakes to determine whether any “consumer” is involved in any Document presented for processing, and, if so, to comply with all requirements imposed by law on such Documents or their formation.
5. Prohibited Activities. In addition to the restrictions described in the Section 7.2 of the Terms of Service, when using Weave Forms, you agree not to do any of the following, or permit any of your end users, employees, contractors, agents, representatives or any third party to use the Forms Service to:
   1. Upload or transfer Cardholder Data, defined as non-public, personally identifying information submitted by an individual, which information includes, but it is not limited to, primary account number, service code, and expiration date), or Sensitive Authentication Data, defined as security-related information (including but not limited to card validation codes/values, full track data (from the magnetic stripe or equivalent on a chip), PINs, and PIN blocks) used to authenticate cardholders and/or authorize payment card transactions.
   2. Sell or advertise commercial goods or services.
   3. Violate any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries.
   4. Send, knowingly receive, upload, download, use, or re-use any information or data that does not comply with the Terms.
   5. Engage in any other activity or conduct which, as determined by Weave, may harm Weave or any of its Subscribers, expose them to liability, or threaten the security of any data.
6. Form Sending, Storage, and Deletion.
   1. Weave may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of Weave Forms. Subscribers may retrieve and store copies of completed forms for storage outside of the Service at any time during the Term of subscription when Subscriber is in good financial standing, and may delete or purge forms from the Service at its own discretion. 
   2. Weave may, at its sole discretion, delete uncompleted forms from the Service immediately and without notice upon the earlier of: (a) 365 days; or (b) termination of the Service. Weave assumes no liability or responsibility for a party’s failure or inability to complete any forms within such a period of time.
   3. Weave may delete any Forms (whether complete or not), upon termination of the Service as described in Section 10 of the Terms of Service.
   4. You are solely responsible for retaining permanent records of all Forms. Except as otherwise provided herein, at no time shall Weave have an obligation to store, retain, report or otherwise provide any copies or access to any forms collected or processed via the Forms Service.
7. Disclaimer. The forms service is provided “as is”, “where is” and “as available” without warranties of any kind either express or implied. Your use of the forms service shall be at your sole risk. Weave and its officers, directors, employees, members, shareholders, agents, affiliates, subsidiaries, and licensors (“weave parties”): (a) make no additional representation or warranty of any kind whether express, implied (either in fact or by operation of law), or statutory, as to any matter whatsoever; (b) expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, title and non-infringement; and (c) do not warrant that the forms service is or will be error-free, will meet your requirements, or be timely or secure. You will be solely responsible for any damage resulting from use of the forms service, documentation, or site.
8. The weave parties make no warranties or representations that forms service has been and will be provided with due skill, care and diligence or about the accuracy or completeness of the forms service content and assumes no responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the forms service; (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the site through the actions of any third party; (vi) any loss of your data or content from the service; and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the forms service. You will not have the right to make or pass on any representation or warranty on behalf of weave to any third party. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In that event, such warranties are limited to the maximum extent permitted by and for the minimum warranty period allowed by the mandatory applicable law.
9. The weave parties do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or the forms service, and the weave parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other persons with whom you communicate or interact as a result of your use of the site.
10. Indemnification. Without limiting any provision of the Terms, Subscriber agrees to defend, indemnify and hold harmless the Weave Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or related to:
    1. The reliability, accuracy or legitimacy of data submitted or processed by the Forms Service to Weave; 
    2. Claims by Non-Subscriber End Users, including, but not limited to, claims relating to the disclosure of personal information; 
    3. Any alleged or actual violation by Subscriber of any Applicable Laws and the subject matter hereof. 
11. Immediate Termination. Without limiting the applicable provisions of the Terms, Weave may terminate the Subscriber’s use of the Forms Service if: (a) Weave has reason to believe that there is an alleged or actual violation by Subscriber of any Applicable Laws; b) Subscriber uses the Forms Service perform any activity that is considered a prohibited activity described in Section 5 or in the Terms of Service; c) Weave reasonably believes, in its sole discretion, that Subscriber’s conduct poses an imminent or actual threat to Weave’s systems, equipment, processes or Weave Materials.
12. Term and Termination.  The term of these Forms Service Terms commences upon the date you sign up for the Forms Service and shall remain in effect on a month-to-month basis, or as otherwise stated on the Order, until you cancel the Forms Service by notifying Weave or you or Weave terminate the Terms of Service in accordance with the terms thereof, in each case subject to Section 9.6 of the Terms of Service.
13. Ratification. By accessing or otherwise using the Forms Service, you expressly acknowledge and agree to these Forms Terms in addition to the Weave Terms of Service.