1. DEFINITIONS

• “FreshForms” means the FreshForms application developed by Forio for Atlassian Confluence Data Center, including all updates, enhancements, and related documentation.
• “Confluence Data Center” means Customer’s self-hosted Atlassian Confluence environment.
• “SLA” means the Service Level Agreement provided by Forio, currently available at [Insert SLA Link].
• “Order” means the applicable ordering document (such as purchase order or invoice) identifying the FreshForms licenses, subscription period, and fees.

2. LICENSE AND USE

2.1 License Grant. Forio grants Customer a non-exclusive, non-transferable, non-sublicensable license to install and use FreshForms within Customer’s Confluence Data Center instance, solely for internal business purposes, during the subscription term set forth in the Order.

2.2 Restrictions. Customer shall not:

• Modify, reverse engineer, decompile, or disassemble FreshForms.
• Resell, rent, or sublicense FreshForms to third parties.
• Use FreshForms to develop a competing product.

3. FEES AND PAYMENT

3.1 Fees. Customer shall pay Forio the fees specified in the Order. All fees are non-refundable, except as expressly provided in this Agreement.

3.2 Payment Terms. Unless otherwise stated in the Order, fees are due within thirty (30) days of the invoice date.

3.3 Taxes. Fees exclude applicable taxes. Customer is responsible for all taxes, except taxes on Forio’s income.

4. CUSTOMER RESPONSIBILITIES

Customer agrees to:

• Maintain a supported Confluence Data Center environment.
• Install FreshForms updates promptly.
• Provide admin-level access for troubleshooting if required.
• Report issues using the designated support channels.

5. FORIO RESPONSIBILITIES

Forio agrees to:

• Provide product updates, bug fixes, and security patches.
• Deliver support per the SLA.
• Provide documentation and upgrade guidance.

6. SUPPORT AND SLA

Support and maintenance services are provided under the SLA, which is incorporated into this Agreement by reference.

7. CONFIDENTIALITY

7.1 Confidential Information. Both parties agree to protect the other’s confidential information using reasonable care and not to disclose it to third parties except as required by law.

7.2 Exceptions. Confidential information does not include information that is (a) publicly available, (b) known prior to disclosure, (c) received lawfully from a third party, or (d) independently developed.

8. INTELLECTUAL PROPERTY

8.1 Ownership. Forio retains all rights, title, and interest in FreshForms and related intellectual property.

8.2 Feedback. Customer grants Forio a royalty-free, worldwide license to use feedback provided by Customer for product improvement.

9. WARRANTIES AND DISCLAIMERS

9.1 Limited Warranty. Forio warrants that FreshForms will perform materially as described in the documentation during the subscription term.

9.2 Disclaimer. Except as expressly stated, FreshForms is provided “AS IS” without warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose.

10. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• Forio’s total liability under this Agreement shall not exceed the fees paid by Customer in the twelve (12) months prior to the claim.
• Forio shall not be liable for indirect, incidental, consequential, or punitive damages, even if advised of the possibility of such damages.

11. TERM AND TERMINATION

11.1 Term. This Agreement remains in effect for the subscription term unless terminated earlier.

11.2 Termination. Either party may terminate this Agreement upon thirty (30) days’ written notice if the other party materially breaches the Agreement and fails to cure.

11.3 Effect of Termination. Upon termination, Customer must uninstall FreshForms and stop using it.

12. DATA PRIVACY

Customer is responsible for complying with all applicable data privacy laws. FreshForms operates within Customer’s Confluence Data Center environment; Forio does not access Customer data except for support purposes when necessary.

13. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of Oklahoma, without regard to its conflict of laws principles. Any disputes shall be resolved in the state or federal courts located in Oklahoma County, Oklahoma.

14. GENERAL

• Assignment. Neither party may assign this Agreement without the other’s prior written consent, except to an affiliate or successor.
• Entire Agreement. This Agreement, together with the SLA and any Order, constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, or communications.
• Amendments. Any amendments must be in writing and signed by both parties.