Introduction & Acceptance of Terms
These Terms and Conditions (the "Terms") constitute a legally binding agreement between you ("you," "your," or the "User") and SANARK DIGITAL CORP, a company organized and existing under the laws of the State of Delaware, doing business as FormYourCorp ("FormYourCorp," "Company," "we," "us," or "our").
These Terms govern your access to and use of the FormYourCorp website, platform, applications, tools, and any related services, features, content, communications, or products offered by the Company (collectively, the "Services").
By accessing, browsing, using, registering for, or purchasing any Services, or by clicking or otherwise indicating acceptance of these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.
These Terms apply to all visitors, users, customers, and any individual or entity accessing or using the Services, whether acting in an individual capacity or on behalf of a business entity. If you are using the Services on behalf of a business entity, you represent and warrant that you have the legal authority to bind such entity to these Terms, and all references to "you" shall include such entity.
FormYourCorp reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time in accordance with Section 23 (Modifications to Terms). Your continued use of the Services following the posting of any changes constitutes your acceptance of the revised Terms.
Definitions & Interpretation
2.1 Definitions
For purposes of these Terms, the following terms shall have the meanings set forth below. Defined terms may be used in the singular or plural, as the context requires.
- "Company", "FormYourCorp", "we", "us", or "our" means SANARK DIGITAL CORP, a Delaware corporation, doing business as FormYourCorp.
- "User", "you", or "your" means any individual or legal entity that accesses, visits, uses, registers for, or purchases any of the Services, whether directly or on behalf of another person or business entity.
- "Services" means all business formation and filing assistance services, website content, tools, software, applications, communications, customer support, and related offerings made available by the Company, whether now existing or hereafter developed.
- "Platform" means the FormYourCorp website, online portal, dashboards, applications, and any related technological infrastructure used to provide the Services.
- "Business Entity" means any legal entity formed, registered, or managed through the Services, including but not limited to limited liability companies, corporations, or other organizational forms permitted by applicable law.
- "Government Fees" means any fees, taxes, charges, or costs imposed by federal, state, or local governmental authorities, including but not limited to Secretary of State filing fees, publication fees, and similar mandatory charges.
- "Third-Party Providers" means any independent third parties, including but not limited to registered agent providers, government agencies, banks, financial institutions, payment processors, professional service providers, or technology vendors, that are not owned or controlled by the Company and whose services may be referenced, facilitated, or required in connection with the Services.
- "Privacy Policy" means the Company's privacy policy, as amended from time to time, which governs the collection, use, and disclosure of personal data and is incorporated into these Terms by reference.
2.2 Interpretation
Unless the context otherwise requires:
- Headings and section titles are for convenience only and shall not affect the interpretation of these Terms.
- Words importing the singular include the plural and vice versa.
- Words importing any gender include all genders.
- The terms "including," "includes," and "include" shall be deemed to be followed by the words "without limitation."
- References to "Sections" refer to sections of these Terms unless otherwise stated.
- Any reference to a statute, regulation, or law includes any amendment, replacement, or successor provision thereof.
2.3 Privacy & Data Protection
Your privacy is important to us. By using the Services, you consent to the collection and use of your personal data as outlined in our Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy regarding the processing of personal data, the Privacy Policy shall prevail.
Eligibility & Legal Capacity
3.1 General Eligibility & Authority
The Services are intended solely for individuals and legal entities that are legally capable of entering into binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you meet all eligibility requirements set forth in this Section.
You must be at least eighteen (18) years of age to access or use the Services. If you are accessing or using the Services on behalf of a Business Entity or any other organization, you further represent and warrant that you have the full legal authority to bind such entity to these Terms and to act on its behalf in connection with the Services.
You represent and warrant that your use of the Services does not violate any applicable laws, regulations, sanctions, embargoes, or export controls, including those administered or enforced by the United States government. The Services are not available to, and must not be used by, any individual or entity that is prohibited, restricted, or sanctioned under applicable law, including individuals or entities listed on any applicable sanctions or restricted-party lists.
FormYourCorp reserves the right, in its sole discretion, to refuse access to, suspend, or terminate the Services at any time if it determines that you do not meet the eligibility requirements set forth herein or that your continued use of the Services may expose the Company to legal, regulatory, or reputational risk.
3.2 Identity Verification & Compliance
To comply with international banking regulations and prevent fraud, FormYourCorp reserves the right to request identity verification documents (such as a valid government-issued passport or national ID) at any time. FormYourCorp reserves the right, in its sole discretion, to refuse access to, suspend, or terminate the Services at any time if it determines that you do not meet the eligibility requirements set forth herein or that your continued use of the Services may expose the Company to legal, regulatory, or reputational risk.
Failure to provide valid, legible identification within forty-eight (48) hours of a request constitutes a material breach of these Terms and may result in the immediate suspension or termination of Services without refund.
Scope of Services
4.1 General Description of Services
FormYourCorp provides business formation and filing assistance services intended to facilitate the preparation, transcription, and submission of information and documents to applicable governmental authorities or Third-Party Providers, strictly in accordance with the information and instructions provided by the User.
The Services are procedural, administrative, and ministerial in nature. FormYourCorp's role is limited to assisting with the organization, completion, and transmission of documents based solely on User-provided data and selections. FormYourCorp does not exercise independent judgment, discretion, or decision-making authority with respect to the legal, tax, financial, or regulatory implications of any filing, submission, or business activity.
The Services may include, without limitation:
- Preparation and submission of business formation or registration documents;
- Assistance with obtaining or facilitating access to certain government forms or filings;
- Administrative coordination with Third-Party Providers as required to complete requested Services;
- Access to the Platform, dashboards, and related communications necessary to deliver the Services.
The Services do not include legal advice, tax advice, financial advice, accounting services, compliance determinations, or ongoing monitoring of a User's business obligations unless expressly stated in writing by the Company as a separate, paid service.
4.2 Reliance on User Instructions & Company Rights
All Services are provided on an instruction-based basis, and FormYourCorp relies entirely on the accuracy, completeness, and legality of the information supplied by the User. FormYourCorp shall have no responsibility to verify, validate, or independently assess the information provided by the User or the suitability of the Services for the User's specific circumstances.
FormYourCorp reserves the right, in its sole discretion, to decline, suspend, or discontinue any Service request that it determines may violate applicable law, pose legal or regulatory risk, or fall outside the scope of Services offered by the Company.
4.3 EIN Services & Third-Party Authorization
FormYourCorp may assist Users with obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS) as part of certain service packages. By requesting EIN Services, you expressly authorize FormYourCorp, including its officers, employees, agents, and designated representatives, to act as your third-party designee for the sole purpose of obtaining an EIN on your behalf from the IRS.
You understand and acknowledge that the IRS assigns EINs directly to the applicant entity and that FormYourCorp acts only as a facilitator of the application process. FormYourCorp does not guarantee approval, acceptance, or issuance of an EIN by the IRS and is not responsible for any rejection, denial, or delay caused by the IRS, inaccurate User-provided information, or any other factor beyond the Company's reasonable control.
The third-party designee authorization granted herein is strictly limited in scope and shall remain in effect only for the period necessary to complete the EIN application on your behalf. You may revoke this authorization at any time by providing written notice to FormYourCorp; however, revocation may result in the inability to complete the EIN application and will not entitle you to a refund for Services already rendered or in progress.
Explicit Non-Advisory Disclaimer
FormYourCorp is not a law firm, accounting firm, financial advisor, or licensed professional service provider of any kind. The Company does not provide legal, tax, financial, accounting, or other professional advice, and nothing in the Services or on the Platform should be construed as such.
All information, content, and materials made available through the Services are provided for general informational and educational purposes only. Such information is not intended to substitute for, and should not be relied upon in place of, advice from a qualified attorney, accountant, tax professional, or other licensed advisor who is familiar with your individual circumstances, jurisdiction, and applicable law.
The Company expressly disclaims any and all responsibility for any decisions, actions, or omissions taken or not taken by any User in reliance on the Services or any information provided in connection therewith. Users are solely responsible for seeking and obtaining independent professional advice before making any legal, tax, financial, or business decisions.
The transmission of information through the Services, including communications between you and the Company, does not create any attorney-client, accountant-client, advisor-client, or other professional relationship. You acknowledge and agree that any reliance on the Services is at your own risk.
Registered Agent Services & Disclaimers
6.1 Third-Party Appointment
For Users who select a service package that includes registered agent services, FormYourCorp will coordinate the appointment of a third-party registered agent provider (the "Registered Agent Provider") to serve as the registered agent for the User's Business Entity. The Registered Agent Provider is an independent third party and is not an employee, affiliate, subsidiary, or agent of FormYourCorp.
By selecting a package that includes registered agent services, you authorize FormYourCorp to communicate with the Registered Agent Provider and to share your information as necessary to facilitate the appointment and ongoing provision of registered agent services on your behalf.
6.2 Exclusive Liability of Third Party
You understand and agree that all registered agent services are provided solely by the Registered Agent Provider, and FormYourCorp shall have no responsibility, liability, or obligation arising from or related to the acts, omissions, errors, negligence, or failures of the Registered Agent Provider, including but not limited to:
- Failure to receive, forward, or properly handle service of process, legal notices, or government correspondence;
- Delays, errors, or omissions in the transmission of documents;
- Changes to the Registered Agent Provider's operations, contact information, or availability;
- Termination, suspension, or interruption of registered agent services by the Registered Agent Provider for any reason.
6.3 User Acknowledgments
You acknowledge and agree that:
- FormYourCorp is not a registered agent and does not provide registered agent services directly;
- The relationship for registered agent services is solely between you and the Registered Agent Provider;
- Any disputes, claims, or issues arising from registered agent services must be resolved directly with the Registered Agent Provider;
- You remain solely responsible for ensuring that your Business Entity maintains a valid registered agent as required by law and for promptly responding to any legal notices or correspondence received through the registered agent.
6.4 No Warranty of Availability
FormYourCorp makes no warranty or guarantee regarding the continued availability, quality, or performance of any Registered Agent Provider. In the event that the Registered Agent Provider discontinues service, becomes unavailable, or otherwise fails to perform, FormYourCorp may, but is not obligated to, assist you in identifying or transitioning to an alternative registered agent provider. Any such transition shall be subject to additional fees and terms as determined at that time.
User Responsibilities & Accuracy
You are solely responsible for the accuracy, completeness, truthfulness, and legality of all information, data, and documents you provide in connection with the Services. FormYourCorp relies entirely on User-provided information and does not independently verify, validate, or confirm any data submitted through the Platform or otherwise.
You represent and warrant that all information you provide is true, accurate, complete, and not misleading, and that you have the legal right and authority to provide such information and to request the Services on behalf of yourself or any entity you represent.
You shall promptly notify FormYourCorp of any changes, corrections, or updates to the information you have provided. Failure to provide accurate or updated information may result in delays, rejections, or adverse outcomes for which FormYourCorp shall have no responsibility or liability.
FormYourCorp shall not be liable for any loss, damage, claim, or liability arising from or related to any errors, omissions, inaccuracies, or misrepresentations in the information you provide, regardless of whether such errors are attributable to you, third parties, or technical issues.
Limited Accuracy Guarantee
FormYourCorp is committed to accurately transcribing and submitting the information you provide. If FormYourCorp makes a clerical or transcription error in preparing or submitting your documents—meaning an error in transferring the information you provided to the documents or filings—FormYourCorp will, at no additional charge, take reasonable steps to correct the error, including re-filing amended or corrected documents with the applicable governmental authority or Third-Party Provider.
This limited accuracy guarantee applies only to errors caused directly and solely by FormYourCorp's transcription or data entry. It does not apply to:
- Errors, omissions, or inaccuracies in the information you originally provided;
- Changes in your circumstances, business plans, or requirements after submission;
- Errors, delays, or rejections caused by governmental authorities or Third-Party Providers;
- Matters beyond FormYourCorp's reasonable control, including technical failures, force majeure events, or actions of third parties.
This limited accuracy guarantee is your sole and exclusive remedy for any transcription errors by FormYourCorp and does not extend to any other warranties, representations, or claims.
Third-Party Services & No Outcome Guarantees
9.1 Reliance on Third-Party Providers
The Services involve coordination with, and reliance upon, various Third-Party Providers, including but not limited to government agencies, regulatory bodies, registered agent providers, financial institutions, payment processors, mailing and logistics services, and other independent vendors.
FormYourCorp does not own, operate, or control any Third-Party Providers and has no authority over their policies, procedures, decisions, or timelines. You acknowledge and agree that the acts, omissions, delays, errors, policies, or decisions of any Third-Party Provider are beyond the control of FormYourCorp, and FormYourCorp shall have no liability arising from or related to any such acts or omissions.
9.2 No Guarantees of Outcome
FormYourCorp does not guarantee and expressly disclaims any warranty, representation, or commitment regarding the approval, acceptance, or successful outcome of any filing, application, registration, or request submitted on your behalf.
All decisions regarding the acceptance, rejection, processing, or timing of any filings, applications, or requests are made solely by the applicable governmental authority or Third-Party Provider. FormYourCorp has no control over such decisions and shall not be responsible for any adverse outcomes, delays, rejections, or consequences arising therefrom.
9.3 Administrative Addresses
Certain service packages may include or reference administrative addresses provided by Third-Party Providers for specific purposes, such as mail forwarding, registered agent designation, or similar administrative functions. You acknowledge and agree that:
- Such addresses are provided by Third-Party Providers and not by FormYourCorp;
- The availability, accuracy, and continued operation of such addresses are subject to the policies and discretion of the Third-Party Provider;
- FormYourCorp makes no warranty or guarantee regarding the suitability, reliability, or availability of any such address;
- You are solely responsible for ensuring that any address used for your Business Entity complies with applicable laws and regulations.
9.4 Liability for Third-Party Actions
Under no circumstances shall FormYourCorp be liable for any loss, damage, claim, or expense arising from or related to the acts, omissions, errors, negligence, policies, delays, or decisions of any Third-Party Provider, including but not limited to governmental authorities, registered agent providers, financial institutions, or any other vendor or service provider involved in the delivery of the Services.
Fees, Payments & Order Expiration
10.1 Fees, Government Charges & Payment Obligations
By placing an order or purchasing Services, you agree to pay all fees, charges, and costs associated with the Services you have selected, as disclosed at the time of purchase. All fees are quoted in United States Dollars (USD) unless otherwise stated.
In addition to FormYourCorp's service fees, you are responsible for paying all applicable Government Fees, taxes, and third-party charges required to complete your requested Services. Government Fees are set by governmental authorities and are subject to change without notice. FormYourCorp shall have no liability for any changes to Government Fees occurring after your order is placed.
You authorize FormYourCorp, or its designated payment processor, to charge your selected payment method for all fees and charges associated with your order. All payments are due at the time of purchase unless otherwise agreed in writing.
If any payment fails, is declined, or is reversed for any reason, FormYourCorp reserves the right to suspend or terminate the Services, retain any work product, and pursue collection of all amounts owed, including any additional fees, interest, or costs incurred as a result of non-payment.
10.2 Order Expiration & Abandonment
If you fail to provide required information, documentation, or responses within sixty (60) days of FormYourCorp's request, or if your order remains incomplete or inactive for sixty (60) consecutive days for any reason attributable to you, your order will be deemed abandoned and may be cancelled without refund.
FormYourCorp is under no obligation to reinstate, resume, or refund any order that has been cancelled due to abandonment. If you wish to proceed after cancellation, you may be required to place a new order and pay all applicable fees at the then-current rates.
Refund Policy
All sales are final unless otherwise expressly stated in this Section. You acknowledge and agree that FormYourCorp's Services are provided as a defined scope of work that commences promptly upon order confirmation.
No refunds shall be provided for:
- Services that have been completed, submitted, or are in progress;
- Delays, rejections, denials, or adverse outcomes resulting from actions or decisions of governmental authorities or Third-Party Providers;
- Errors, omissions, or inaccuracies resulting from information provided by you;
- Changes in your circumstances, business plans, or intentions;
- Failure to read or understand the scope, limitations, or requirements of the Services.
Any attempt to initiate a chargeback, payment reversal, or payment dispute without a valid legal basis shall constitute a material breach of these Terms and may result in immediate suspension or termination of the Services, without prejudice to FormYourCorp's right to pursue collection of outstanding amounts or other remedies available at law.
Except as expressly stated herein, FormYourCorp makes no representations or commitments regarding refunds, and any refund issued, if required by applicable law, shall be limited strictly to the extent mandated by such law and shall not be construed as a waiver of this Refund Policy.
Auto-Renewal & Subscription Terms
Certain Services offered by FormYourCorp may be provided on a subscription, recurring, or automatically renewing basis (each, a "Subscription Service"). By purchasing or enrolling in any Subscription Service, you expressly authorize FormYourCorp, or its designated payment processor, to charge your designated payment method on a recurring basis in accordance with the applicable billing cycle disclosed at the time of purchase.
Unless otherwise stated in writing, Subscription Services shall automatically renew for successive renewal periods of equal duration to the initial term, at the then-current rates, until canceled by you in accordance with these Terms.
You may cancel a Subscription Service at any time through the Platform or by following the cancellation instructions made available by FormYourCorp. Cancellation alone is sufficient to prevent future renewal charges; you are not required to provide proof of replacement services or third-party arrangements in order to cancel. Cancellation shall take effect at the end of the then-current billing period, and you will remain responsible for all fees incurred prior to the effective date of cancellation.
No refunds or credits will be issued for any unused portion of a Subscription Service, including any remaining time in a billing period, except as required by applicable law.
FormYourCorp reserves the right to modify subscription pricing, billing cycles, or the scope of Subscription Services upon prior notice, where practicable. Your continued use of a Subscription Service following the effective date of any such change constitutes your acceptance of the revised terms and pricing.
If any recurring payment fails for any reason, FormYourCorp may, in its sole discretion, retry the payment using the same or updated payment information, suspend or terminate the applicable Services, or require payment as a condition of continued access. FormYourCorp shall not be liable for any consequences arising from suspension or termination due to non-payment.
Suspension & Termination
FormYourCorp reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to the Services, in whole or in part, at any time and without prior notice, where FormYourCorp determines that such action is necessary or appropriate, including but not limited to circumstances involving non-payment, suspected or actual violations of these Terms, legal or regulatory risk, fraud, misuse of the Services, or any conduct that may expose FormYourCorp to liability or harm.
FormYourCorp may also suspend or terminate the Services if required by applicable law, governmental authority, court order, or at the request of a Third-Party Provider upon which the Services depend.
Upon suspension or termination for any reason:
- All outstanding fees and charges shall become immediately due and payable;
- Any licenses or rights granted to you under these Terms shall immediately cease;
- FormYourCorp shall have no obligation to complete, continue, or reverse any Services or filings in progress.
You acknowledge and agree that suspension or termination of the Services may result in adverse consequences, including but not limited to delays, rejection of filings, loss of good standing, administrative dissolution, or other legal or business consequences, for which FormYourCorp shall have no responsibility or liability.
Termination of the Services shall not relieve you of any obligations accrued prior to termination, including payment obligations, nor shall it limit any rights or remedies available to FormYourCorp under these Terms or applicable law.
Prohibited Uses
You agree that you shall not, directly or indirectly, access or use the Services for any unlawful, improper, or prohibited purpose, or in any manner that violates these Terms or applicable law.
Without limiting the foregoing, you expressly agree not to use the Services to:
- Violate any applicable federal, state, local, or foreign law, regulation, rule, court order, or governmental requirement;
- Engage in or facilitate fraud, misrepresentation, deceptive practices, money laundering, terrorist financing, sanctions evasion, tax evasion, or any other illegal or prohibited activity;
- Use the Services in connection with any business, activity, or individual that is prohibited, restricted, or sanctioned under applicable law, including any applicable United States sanctions or restricted-party lists;
- Provide false, misleading, incomplete, or deceptive information, or impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Misuse, abuse, or improperly represent any address, registered agent service, government filing, or documentation provided or facilitated through the Services;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Platform, systems, networks, or data of FormYourCorp or any Third-Party Provider, including through hacking, scraping, reverse engineering, or the use of automated tools;
- Infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other rights of FormYourCorp or any third party;
- Use the Services in a manner that could expose FormYourCorp or any Third-Party Provider to legal, regulatory, reputational, or operational risk;
- Resell, sublicense, transfer, or otherwise exploit the Services or any portion thereof except as expressly permitted in writing by FormYourCorp.
FormYourCorp reserves the right, in its sole discretion, to investigate any suspected violation of this Section and to take any action it deems appropriate, including immediate suspension or termination of the Services, refusal of service, reporting to applicable authorities, or cooperation with law enforcement, without prior notice and without liability.
Intellectual Property Rights
All right, title, and interest in and to the Platform, the Services, and all related content, materials, software, functionality, designs, text, graphics, logos, trademarks, service marks, trade names, and other intellectual property (collectively, the "Company IP") are owned by or licensed to FormYourCorp and are protected by applicable intellectual property laws. For details on how we handle copyright infringement and DMCA notices, please review our Copyright & IP Policy.
Subject to your compliance with these Terms, FormYourCorp grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Services solely for your internal business purposes in connection with the Services. No rights are granted to you except as expressly set forth in these Terms.
You shall not, and shall not permit any third party to:
- Copy, reproduce, modify, adapt, translate, create derivative works from, distribute, publicly display, sell, lease, sublicense, or otherwise exploit any portion of the Company IP;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform or Services, except to the extent expressly permitted by applicable law;
- Remove, alter, or obscure any proprietary notices or intellectual property markings.
Any unauthorized use of the Company IP constitutes a material breach of these Terms and may result in immediate suspension or termination of the Services, without prejudice to FormYourCorp's rights to pursue any remedies available under applicable law.
You acknowledge and agree that any feedback, suggestions, ideas, or recommendations you provide regarding the Services may be used by FormYourCorp without restriction or compensation to you, and you hereby grant FormYourCorp a perpetual, irrevocable, royalty-free, worldwide license to use such feedback for any lawful purpose.
Electronic Communications & E-Signature Consent
By accessing or using the Services, you consent to receive all communications, notices, disclosures, agreements, documents, and records from FormYourCorp electronically, including through the Platform, email, or other electronic means. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.
You further consent to the use of electronic signatures, electronic records, and electronic contracts in connection with the Services. You acknowledge and agree that your electronic actions, including clicking buttons, checking boxes, or otherwise indicating acceptance through the Platform, constitute your legally binding signature and agreement to these Terms and to any documents or filings executed in connection with the Services.
You acknowledge that you have the ability to access and retain electronic records and communications and that you are responsible for maintaining valid and current contact information, including your email address. FormYourCorp shall have no liability for any failure to deliver electronic communications due to inaccurate or outdated contact information provided by you.
Your consent to electronic communications and electronic signatures applies to all interactions and transactions between you and FormYourCorp and shall remain in effect unless and until withdrawn by you in accordance with applicable law. Any withdrawal of consent may result in the suspension or termination of the Services.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, PLATFORM, AND ALL RELATED CONTENT, MATERIALS, AND COMMUNICATIONS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
FORMYOURCORP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY.
WITHOUT LIMITING THE FOREGOING, FORMYOURCORP DOES NOT WARRANT OR GUARANTEE THAT:
- THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- ANY DEFECTS, ERRORS, OR OMISSIONS WILL BE CORRECTED;
- ANY FILINGS, SUBMISSIONS, OR DOCUMENTS WILL BE ACCEPTED, APPROVED, OR PROCESSED BY ANY GOVERNMENTAL AUTHORITY OR THIRD-PARTY PROVIDER;
- THE SERVICES OR PLATFORM ARE FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS.
ANY RELIANCE BY YOU ON THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, SYSTEMS, OR DATA RESULTING FROM SUCH USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH EXCLUSIONS ARE NOT PERMITTED BY APPLICABLE LAW, THE ABOVE DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORMYOURCORP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF FORMYOURCORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORMYOURCORP'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO FORMYOURCORP FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100 USD).
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORMYOURCORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT PERMITTED BY APPLICABLE LAW, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless FormYourCorp, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
- Your use of or access to the Services;
- Your breach or alleged breach of these Terms or any representation or warranty made herein;
- Your violation of any applicable law, regulation, or the rights of any third party;
- Any information, content, or data you provide in connection with the Services;
- Any act or omission of any Business Entity formed or managed through the Services;
- Any dispute or claim between you and any Third-Party Provider.
FormYourCorp reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with FormYourCorp in the defense of any such claim. You shall not settle any claim without FormYourCorp's prior written consent.
Force Majeure
FormYourCorp shall not be liable for any delay, failure, or interruption in the performance of its obligations under these Terms resulting from any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, government actions, regulatory changes, power failures, internet outages, cyberattacks, or the acts or omissions of Third-Party Providers (each, a "Force Majeure Event").
In the event of a Force Majeure Event, FormYourCorp's obligations shall be suspended for the duration of the event, and FormYourCorp shall not be liable for any resulting delays, losses, or damages.
Dispute Resolution
21.1 Governing Law
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.
21.2 Mandatory Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or, failing such agreement, selected in accordance with AAA rules. The seat of arbitration shall be Wilmington, Delaware, and the language shall be English. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
The parties agree that arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. By agreeing to these Terms, you waive any right to participate in a class action or class arbitration.
21.3 Court Proceedings and Carve-Outs
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm pending arbitration. Any such proceedings shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, and you hereby consent to the personal jurisdiction of such courts.
21.4 Class Action Waiver
YOU AND FORMYOURCORP AGREE THAT ANY CLAIMS OR DISPUTES MUST BE BROUGHT IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. BY AGREEING TO THESE TERMS, YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY FORM OF REPRESENTATIVE OR COLLECTIVE PROCEEDING.
21.5 Limitation Period
Any claim or dispute arising out of or related to these Terms or the Services must be filed within one (1) year after the cause of action accrues, or such claim or dispute shall be permanently barred. This limitation period applies regardless of any statute or law to the contrary.
21.6 Survival
This Section 21 (Dispute Resolution) shall survive the termination or expiration of these Terms.
Assignment, Severability & Waivers
22.1 Assignment
You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, in whole or in part, without the prior written consent of FormYourCorp. Any attempted assignment without such consent shall be null and void.
FormYourCorp may freely assign, transfer, or delegate these Terms or any of its rights or obligations hereunder, in whole or in part, without notice or consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
22.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.
22.3 Waivers
No failure or delay by FormYourCorp in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of FormYourCorp. Any waiver shall be limited to the specific instance and shall not constitute a waiver of any other provision or of the same provision on any other occasion.
Modifications to Terms
FormYourCorp reserves the right, in its sole discretion, to modify, amend, or replace these Terms at any time. Any changes to these Terms will be effective immediately upon posting of the revised Terms on the Platform, unless otherwise specified.
FormYourCorp will use reasonable efforts to notify you of material changes to these Terms, such as by email or by posting a notice on the Platform. However, you are responsible for reviewing these Terms periodically for any updates or changes.
Your continued use of the Services following the posting of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue use of the Services.
Entire Agreement
These Terms, together with the Privacy Policy and any other agreements, policies, or documents expressly incorporated by reference herein, constitute the entire agreement between you and FormYourCorp with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.
No representations, statements, or inducements, whether oral or written, not contained in these Terms shall be binding upon FormYourCorp.
Contact Information
If you have any questions, concerns, or inquiries regarding these Terms or the Services, please contact us at:
SANARK DIGITAL CORP (d/b/a FormYourCorp)
Email: hello@formyourcorp.com
We will make reasonable efforts to respond to your inquiries in a timely manner.