Effective Date: 10 August 2021

Terms of Service Agreement

Acceptance of Terms

Borneosoft Pty. Ltd. ("Borneosoft", "we", "us", "our") provides Zapof forms and site builder applications as services to our customers ("Services"). By using our services, you ("Customer") agree to comply with and be bound by the following terms of service ("TOS"), which may be updated by us from time to time without notice to you. For material changes to the TOS, we will notify you by email or through a notice on our website. You can review the most current version of the TOS at

https://zapof.com/terms

In addition, when using particular Borneosoft services, you and Borneosoft shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules, including but not limited to our 

Privacy Policy:

https://zapof.com/privacy,

Anti-Spam Policy:

https://zapof.com/anti-spam-policy

GDPR:

https://zapof.com/gdpr

are incorporated by reference into the TOS. Please review the following terms carefully. This agreement is effective as of the date you agree to this TOS by clicking or tapping the "I Accept" button, selecting "I agree" checkbox, or other means to accept this TOS. By agreeing to the TOS, you agree to be bound by these policies. If you do not agree to these terms, please cancel immediately and do not continue to acquire the services under this TOS.

Description of Services

Borneosoft currently provides users with access to online forms and site hosting and builder as web applications. To use the Services, you must use javascript enabled modern browser such as latest version of Google Chrome, Firefox, Microsoft Edge, or Safari. You must have access to the Internet with sufficient speed and bandwidth for the services to be delivered efficiently. Unless explicitly stated otherwise, any new features that augment or enhance the current services shall be subject to the TOS. You understand and agree that the Services is provided "AS-IS" and "AS AVAILABLE" and that Borneosoft assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Borneosoft will provide the Customer with a user account ("User") that has the administrative privilege ("Administrator") upon completing the Borneosoft Services' sign-up process. Customer may use the Administrator account to (a) create a new user or delete existing user account ("User"), (b) assign other Users as Administrator, (c) updating User profile. New User can be created up to a maximum number (including the Administrator), specified during signing up or upgrade to the Services.

As part of providing the Services, Borneosoft may store and process Customer Data in the Canada, or any other country in which Borneosoft maintains facilities (e.g., for performance, backup, etc.). By using the Services, you consent to this transfer, processing, and storage of Customer Data.

Software Applications and Documentations

The software applications and the documentation ("Program") contain proprietary information. Borneosoft grants the Customer a license to use the Program on the terms and condition detailed in the TOS containing restrictions on use and disclosure and are also protected by copyright and other intellectual and industrial property laws. Reverse engineering, disassembly, or decompilation of the Programs is prohibited.

The information in the documentation is subject to change without notice. If you find any problems in the documentation, please report them to us in writing. The documents are not warranted to be error free. Except as may be expressly permitted in TOS for these Programs, no part of these Programs may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose.

The Programs are not intended for use in any nuclear, aviation, mass transit, medical, or other inherently dangerous applications. It shall be the Customer's responsibility to take all appropriate fail-safe, backup, redundancy and other measures to ensure the safe use of such applications if the Programs are used for such purposes, and we disclaim liability for any damages caused by such use of the Programs.

The Programs may provide links to Web sites and access to content, products, and services from third parties. Borneosoft is not responsible for the availability of, or any content provided on third-party Web sites. You bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, the relationship is directly between you and the third party. Borneosoft is not responsible for: (a) the quality of third-party products or services; or (b) fulfilling any of the terms of the agreement with the third party, including delivery of products or services and warranty obligations related to purchased products or services. Borneosoft is not responsible for any loss or damage of any sort that you may incur from dealing with any third party.

All characters in the Program are fictitious, and any resemblance to persons living or dead is purely coincidental. Any use of real names is accidental and purely unintentional. Any similarities to actual persons are also a pure coincidence and not our intent. Names are picked randomly from the collection of baby first names that are combined with last names. County names are selected randomly from county names in the USA and combined with the selection of general business categories.

The Programs contain other licensed software. The copyright notices and attributions can be found in the LICENSE.txt files that accompanying the Software.

Templates and User-Generated Content

We provide form and web page templates ("Templates") as a starting point for Users to create their own online forms and web pages. The Templates are provided "as is" without any warranties of any kind, either express or implied. Borneosoft disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Users are solely responsible for the content, accuracy, and use of the forms and web pages they create using the Templates. Borneosoft shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption, arising out of or related to the use of the Templates or forms and web pages created with it, even if Borneosoft has been advised of the possibility of such damages. Users are responsible for complying with all applicable laws and regulations, including but not limited to privacy laws, data protection laws, and any other laws related to the collection and use of information through their forms and web pages.

Templates, Analysis, and Legal Advice

We provide form and web page templates ("Templates") as a starting point for Users to create their own online forms and web pages. Some of these Templates, or the accompanying analysis and suggestions, may contain general information related to legal topics, such as data privacy regulations (e.g., GDPR, CCPA, etc.).

THIS INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL LEGAL COUNSEL OR TO ADDRESS YOUR SPECIFIC LEGAL SITUATION. THE LAWS AND REGULATIONS REGARDING DATA COLLECTION, PRIVACY, AND OTHER MATTERS VARY BY JURISDICTION AND ARE SUBJECT TO CHANGE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR FORMS, WEB PAGES, AND DATA COLLECTION PRACTICES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

You should consult with a qualified legal professional to obtain advice and confirmation regarding the legality of your specific data collection, content, and business practices. Borneosoft disclaims all liability for any actions you take or fail to take based on any information or analysis provided in our Templates or Services. By using the Templates and Services, you acknowledge and agree that you are not relying on Borneosoft for legal advice.

Content Library and Curated Assets

Borneosoft provides a library of pre-generated images, icons, and other visual assets ("Curated Assets") as a resource for your use. While we make commercially reasonable efforts to ensure these Curated Assets do not contain recognizable likenesses of famous individuals or infringe upon known copyrights, you acknowledge and agree to the following:

• No Warranty of Uniqueness or Non-Resemblance: We make no warranty or guarantee that the Curated Assets, including images of persons, do not resemble any real person. The onus is on you to ensure that any image you select from the library is suitable for your intended use and does not inadvertently create a false endorsement, association, or a violation of any individual’s right of publicity, right of personality, or privacy rights.
  
  
• User Responsibility for Use: You are solely responsible for how you use the Curated Assets. You agree not to use the Curated Assets in a manner that is defamatory, misleading, or that falsely implies an endorsement, sponsorship, or affiliation with any person, brand, or third party.
  
  
• No Legal Advice: Our review of the Curated Assets does not constitute legal advice. You are responsible for your own legal compliance and should consult with a legal professional regarding your use of any Curated Assets, especially in commercial or sensitive contexts.
  

AI-Generated Content

By using our AI features to create forms, webpages, or any other content ("AI Content"), you acknowledge and agree to the following terms:

1. User Responsibility for AI Content:
   The AI Content is generated based on your inputs and prompts. You, and not Borneosoft, are solely responsible for all AI Content you generate, publish, or use. This includes, but is not limited to, the content's legality, accuracy, and compliance with all applicable laws and regulations. You must review and verify all AI Content before publishing or using it.
   
   
2. Disclaimer of Warranties and Accuracy:
   YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
3. • The AI Content is provided on an "AS-IS" and "AS AVAILABLE" basis.
   • The AI is an evolving technology and may generate content that is inaccurate, incomplete, misleading, or inappropriate. AI Content may also contain "hallucinations" or other errors.
   • Borneosoft makes no warranties, representations, or guarantees regarding the accuracy, completeness, or reliability of any AI Content.
   • Any reliance you place on such AI Content is strictly at your own risk. Borneosoft shall not be liable for any damages or losses resulting from your use or reliance on AI Content.
     
     
3. Intellectual Property and Infringement Risk:
   You are solely responsible for ensuring that any AI Content you generate and use does not infringe upon any third party's intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets.
   
   You acknowledge that AI models may be trained on a wide range of public data, and as a result, AI Content may inadvertently include elements that are similar to or infringe upon existing trademarks or copyrighted works.
   
   You agree that before publishing any AI Content, you will perform due diligence to ensure that it does not violate the intellectual property rights of any third party. This may include, for example, conducting trademark searches and verifying content against existing works.
   
   
4. Indemnification for AI Content:
   You agree to indemnify, defend and hold us and our officers, directors, employees, agents, licensors, partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, arising from any claim that your AI Content infringes on a third party's intellectual property rights or is otherwise unlawful.
   

Customer Obligations

In consideration of your use of the Services, you represent that:

• you are of legal age to form a binding contract,
• if you are accepting on behalf of your employer or another entity, you have full legal authority to bind your employer, or the applicable entity, to the TOS.

You also agree to:

• provide true, accurate, current and complete information about yourself as prompted by the Services' sign up form ("Registered User Data"),
• maintain and promptly update the Registered User Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, Borneosoft has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, Borneosoft has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

If you want to use PayPal or Stripe ("Payment Service Providers") integration with Borneosoft services, you acknowledge and agree that:

• you own or control Payment Service Provider's account
• you use and maintain your Payment Service Provider account according to Payment Service Provider's terms and conditions
• you handle chargebacks and all of your customer service issues
• you are responsible for paying Payment Service Provider's fees
• you pay Borneosoft integration service fee for using Payment Service Provider integration with Borneosoft services

Borneosoft accepts no responsibility in respect of the use of Payment Service Provider services by you. Any dispute between you and any other individual or organization regarding payment and payment-related services must be resolved between the parties concerned, and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel your account.

If you want to host your Domain Name with Borneosoft during sign up, you acknowledge and agree that you own or control the domain names. The Domain Name will be used in connection with the Services. You are solely responsible for the Domain Name registration or transfer to Borneosoft. If you do not own, or control, the Domain Name, Borneosoft will have no responsibility to provide you with the proper functioning of the Services.

Borneosoft accepts no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned, and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name from the Borneosoft Services.

You are responsible for:

• maintaining the confidentiality of the password and Administrator account,
• designating those who are authorized to access Administrator accounts, and
• ensuring that all activities that occur in relation with the Administrator' and Users' account comply to the TOS.

You agree that Borneosoft's responsibilities do not extend to the internal management or administration of Customer's electronic data or messages and that Borneosoft is merely a data-processor.

You agree to protect the privacy rights of the Users under all applicable laws and regulations.

You will use all commercially reasonable efforts to prevent unauthorized use of the Services and to terminate any unauthorized use immediately. You will promptly notify Borneosoft of any unauthorized use of, or access to, the Services of which you become aware.

Data Processing and GDPR

This section serves as your Data Processing Agreement (DPA) and outlines the terms and conditions for our processing of personal data on your behalf. By agreeing to our Terms of Service, you are also agreeing to the terms of this DPA.

1. Roles of the Parties:
2. • You, as our customer, are the Data Controller. You determine the purposes and means of the processing of personal data that you collect via the Borneosoft Services.
   • We, Borneosoft, are the Data Processor. We process the personal data on your behalf in our capacity as a Data Processor, as per the terms of this Agreement.
     
2. Scope of Processing:
3. • Subject Matter: The processing of personal data provided by you or your end-users through the Borneosoft Services.
   • Duration: The processing will occur for the duration of your use of the Borneosoft Services.
   • Nature and Purpose: The processing is for the purpose of providing you with the Borneosoft Services, including data storage, form and web page functionality, and service delivery.
   • Categories of Data Subjects: The end-users or individuals who interact with the forms and websites you create.
   • Types of Personal Data: Data may include names, contact details, demographic data, and any other personal data that you, as the Controller, choose to collect.
     
3. Processor's Obligations:
4. • We shall process personal data only in accordance with your instructions, which are provided through your use and configuration of the Borneosoft Services and as outlined in this Agreement, unless required to do so by applicable law.
   • We shall ensure that all personnel authorized to process personal data are bound by an obligation of confidentiality.
   • We shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks of processing.
   • We shall provide information to you to assist with your compliance obligations under GDPR, including those related to security, breach notifications, and data protection impact assessments. This assistance will be provided by making available a standardized Security Overview document and, in the event of a breach, providing the necessary information to fulfill your notification obligations.
   • You, as the Data Controller, may, at your sole expense and with reasonable notice to us, audit our compliance with the terms of this Agreement, not more than once per year. We will cooperate with such audits as reasonably requested.
   • Upon termination of your account, we shall, at your option, delete or return all personal data to you, unless legally required to retain it.
     
4. International Data Transfers and Standard Contractual Clauses:
5. • To the extent that the processing of personal data involves a transfer of personal data from the European Economic Area ("EEA") to Australia, a country that does not have an adequacy decision from the European Commission, the parties agree to be bound by the Standard Contractual Clauses (SCCs) for the transfer of personal data to third countries, as adopted by the European Commission.
   • The parties agree that Module Two (Controller-to-Processor) of the SCCs shall apply, with the Customer acting as the 'Data Exporter' and Borneosoft acting as the 'Data Importer'.
   • The parties shall complete and execute the Annexes and Appendices of the SCCs. The completed Annexes and Appendices are SCC Annexes for Borneosoft Services and are incorporated by reference as an integral part of this DPA.
   • The parties acknowledge that personal data stored on the Data Importer's sub-processors' servers in Canada is covered by an adequacy decision of the European Commission, provided that the recipient is a commercial organization subject to Canada's privacy laws (PIPEDA).

User Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You, and not Borneosoft, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Borneosoft Services. Borneosoft does not control the Content posted via the Borneosoft Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Borneosoft Services, you may be exposed to Content that is offensive, indecent or objectionable. Borneosoft under no circumstances is liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Borneosoft Services.

You agree to not use the Borneosoft Services to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. upload, post, email, transmit or otherwise make available any Content that is in any way illegal such as sales of illicit substances, solicitation of escort services, pornographic messages, or sales of any products or services that cannot be legally sold by;
3. harm minors in any way;
4. impersonate any person or entity, including, but not limited to, a Borneosoft official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Borneosoft Services;
6. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
8. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Please read our complete Anti-Spam Policy, see https://zapof.com/anti-spam-policy. Violators will face immediate suspension. Borneosoft reserves the right to determine, in its sole discretion, what constitutes a violation of the Anti-Spam Policy.
9. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. interfere with or disrupt the Borneosoft Services or servers or networks connected to the Borneosoft Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Borneosoft Services;
11. "stalk" or otherwise harass another;
12. to promote, support or facilitate terrorist activity; or
13. collect or store personal data about other users in connection with the prohibited conduct and activities outlined in the above paragraphs.

You agree not to use Borneosoft Services to store and transmit HIPAA Regulated Information.

NO "PERSONAL HEALTH INFORMATION" (AS DEFINED IN 45 CFR SECTION 160.103) OR ANY OTHER INFORMATION REGULATED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) ADMINISTRATIVE SIMPLIFICATION REGULATIONS, 45 CFR PARTS 160, 162 AND 164, SHALL BE STORED IN ANY BORNEOSOFT SOFTWARE APPLICATIONS OR SERVICES, ON BORNEOSOFT COMPUTER EQUIPMENT OR ELECTRONIC MEDIA, OR TRANSMITTED TO OR FROM ANY BORNEOSOFT FACILITY AND SERVICES.

You acknowledge that Borneosoft may or may not pre-screen Content, but that Borneosoft shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Borneosoft Services. Without limiting the preceding, Borneosoft shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that Borneosoft may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Borneosoft, its users and the public.

Intellectual Property Rights

1. Your Responsibility for Content: You acknowledge that you are solely responsible for all Content you upload, post, transmit, or otherwise make available via the Borneosoft Services. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize Borneosoft to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content you upload.
   
   
2. Prohibition of Infringing Content: It is expressly forbidden for you to upload, post, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party. Any user found to be in violation of this policy may have their account immediately suspended or terminated.
   
   
3. License to Borneosoft: By making your Content available on the Borneosoft Services, you grant Borneosoft a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, adapt, publish, and display such Content solely for the purpose of operating and providing the Services to you.
   
   
4. Procedure for Infringement Claims: Borneosoft respects the intellectual property rights of others. Our procedure for handling copyright and trademark infringement claims is set forth in our separate Notice-and-Takedown Policy, which is incorporated into and forms part of these Terms of Service.
   
   
5. Indemnification for IP Claims: You agree to indemnify, defend and hold us and our Affiliated Parties harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from any claim that your Content infringes on a third party's intellectual property rights or is otherwise unlawful.
   

Service Limits and Fair Use Policy

While our paid plans come with a fixed and guaranteed storage capacity, the Starter (Free) Plan is offered with unlimited storage for forms, submitted forms, and web pages, subject to our Fair Use Policy.

Usage of the Starter (Free) Plan is subject to the following terms to ensure the stability and quality of our services for all users:

1. Prohibited Use of Services: The term "unlimited storage" is intended for a single user's normal use of the service for creating forms, submitted forms, and web pages up to the plan's item limits. It is expressly prohibited to use the Starter (Free) Plan as a general-purpose file hosting service, a content delivery network (CDN), or for personal cloud storage.
   
   
2. Fair Use Policy: Our Fair Use Policy defines acceptable usage as that which is consistent with the typical needs of our free users, allowing for standard individual and small business use. This policy is in place to ensure we can sustainably offer a free plan to everyone. If your usage consistently exceeds these typical needs, our paid plans are designed to provide the dedicated resources you require to support your growing projects.
   
   
3. Right to Suspend or Terminate: Borneosoft reserves the right to review account usage and, at its sole discretion, suspend or terminate any account found to be in violation of this Fair Use Policy without prior notice.
   

The Use of Spam and Virus Filters

You agree that we can use spam and virus filters and that this may require us to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to abide by all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Our Privacy Policy

Registered User Data and other information about you are subject to our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this TOS. For more information,

see https://zapof.com/privacy.

Borneosoft Proprietary Rights

You acknowledge and agree that Borneosoft Services and any necessary software used in connection with the Borneosoft Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Borneosoft owns all Intellectual Property Rights in the Services. You do not acquire ownership rights of the Services and the Software. Except as expressly authorized by Borneosoft, you agree not to copy, modify, rent, lease, loan, sell, assign, sub-license, distribute, reverse engineer, or attempt to discover any source code, or create derivative works based on the Services or the Software, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided by Borneosoft for use in accessing the Services.

Indemnification

You agree to indemnify, defend and hold us and our Affiliated Parties harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Borneosoft Services, your use of the Borneosoft Services, your connection to the Borneosoft Services, your violation of the TOS, or your violation of any rights of another.

Disclaimer and Limitation of Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
2. BORNEOSOFT MAKES NO WARRANTY THAT (a) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND SOFTWARE WILL BE ACCURATE AND RELIABLE, (d) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BORNEOSOFT SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BORNEOSOFT OR FROM THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE TOS.
5. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BORNEOSOFT HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BORNEOSOFT IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OTHER INTANGIBLE LOSSES, LITIGATION, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), SERVICES LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Payments

All payments due are in U.S. Dollars unless otherwise stated on the order page or invoice.

Fees for Credit Card orders are due immediately upon order placement. Borneosoft will bill the credit card provided via the Order Page for all applicable Fees when due. If credit card authorization or charge attempts are declined, Borneosoft may immediately disable or cancel the Services, in its sole discretion.

Delinquent payments may bear interest at 1% per month from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Borneosoft in collecting delinquent amounts.

Absolutely no refunds, pro-rated or otherwise, will be given to Customer who voluntarily cancels their services, regardless of how far into the term the Customer may be.

Modifications to Borneosoft Services

Borneosoft reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Borneosoft Services (or any part thereof) with or without notice. You agree that Borneosoft shall not be liable to you or any third party for any modification, suspension or discontinuance of the Borneosoft Services (or any part thereof).

Suspension of the Services

From time to time we may have to suspend or disconnect the services without notice or deny your access to the Services during any technical failure, modification or maintenance involved in the Services. We will use reasonable endeavors to procure the resumption of the services as soon as reasonably practicable. In these circumstances, you will remain liable for all charges due throughout the period of suspension.

Termination of the Services

If you wish to terminate your account with us for any reason, you may do so by giving us 30 days notice in writing. Any amount of fee that has been paid will not be refunded.

If we wish to terminate your Services for reasons other than a breach of TOS, we can do so by giving you 30 days written notice. In this circumstance, we will refund any remaining unused credit on your account.

If you use the Services provided for free ("Free Customer"), the Free Customer must use the Services at least once in 90 days by logging in and using the Services. Borneosoft reserves the right to terminate without notice the Free Customer account that has not been used for more than 90 days. Borneosoft shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Borneosoft Services.

If your account is closed for whatever reason, you must pay all outstanding charges immediately. Failure to pay all outstanding charges may result in your account being passed to a third party collection agency.

We are under no obligation to provide you with a copy of your data if we have suspended or terminated your access to the Services for your breach. For other termination reason other than your breach of the TOS, we may provide you with a copy of your data; in such circumstances, we are entitled to charge a fee for services. Borneosoft shall have the right in its sole discretion to decide the type of data provided to you. The data will be in text format or CSV where appropriate. Borneosoft does not offer any Software or tools to read the copy of the data. Borneosoft does not provide any copy of data to Free Customer.

You agree that Borneosoft may, without prior notice, immediately terminate, limit your access to or suspend your accounts, any associated email address, and access to Borneosoft Services. Cause for such termination, limitation of access or suspension shall include, but not limited to:

1. breaches or violation of the TOS or other incorporated agreements or guidelines,
2. requests by law enforcement or other government agencies,
3. discontinuance or material modification to the Borneosoft Services (or any part thereof),
4. unexpected technical or security issues or problems,
5. extended periods of inactivity for Services provided to users for free,
6. engagement by you in fraudulent or illegal activities, or
7. nonpayment of any fees owed by you in connection with the Borneosoft Services.

Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Borneosoft sole discretion and that Borneosoft shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Borneosoft Services.

Termination of your Borneosoft account includes any or all of the following:

1. removal of access to all or part of the offerings within the Borneosoft Services,
2. deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
3. barring of further use or all or part of the Borneosoft Services.

Notifications and Communications

All notifications under this agreement will be by email to your nominated internet address. By entering into this agreement, you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be an essential part of the Services to you.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

No Resale Of the Services

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service for any commercial purposes.

Trademark

Borneosoft, Zapof, Zapof Forms, the Zapof logo, and other Zapof logos and products and service names are trademarks of Borneosoft, ("Borneosoft Marks"). Without Borneosoft's prior permission, you agree not to display or use in any manner, the Borneosoft Marks.

Entire Agreement

The TOS constitutes the entire agreement between Borneosoft and you. It supersedes all prior agreements, understandings, and representations whether oral or written.

Governing Law

You and Borneosoft agree that the TOS and the relationship between you and Borneosoft shall be governed by the laws in force in the State of Western Australia, Australia without regard to its conflict of law provisions. You and Borneosoft agree to submit to the exclusive jurisdiction of the Courts of State of Western Australia.

The failure of Borneosoft to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of the TOS to support@zapof.com.

Last Updated: 07 August 2025