Terms Of Use

Formasio Terms of Use

Last Revised: April 25, 2019

Welcome to Formasio.

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING FORMASIO. BY USING FORMASIO AND ANY OF ITS SERVICES, YOU AGREE TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE TO ANY OF THE FOLLOWING TERMS OF USE, YOU MAY NOT USE FORMASIO.

These terms of use (the "Terms") apply to your use of Formasio’s (“we,” “us,” “our”) website, products and apps (together, the "Services"). By using Formasio’s Services, you (“User,” “Users,” “You,” “Your”) agree to be bound by these Terms, as well as our Privacy Policy. Your usage of Formasio is governed by these Terms, as well as all applicable laws and regulations. If you do not agree with any portion of these Terms, you may not use Formasio.

BY USING FORMASIO AND ANY OF ITS SERVICES, YOU CERTIFY THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT.

IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND FORMASIO, THESE TERMS REQUIRE YOU AND FORMASIO TO ENGAGE IN BINDING ARBITRATION INSTEAD OF JURY TRIALS OR CLASS ACTIONS, AND LIMIT YOUR LEGAL REMEDIES ACCORDINGLY.

1. Who we are

Formasio provides an automated immigration form-filler service to its users who choose to file immigration forms on their own and without the assistance of an attorney. Formasio reproduces and maintains forms provided by U.S. Citizenship and Immigration Services (“USCIS”), it takes the input of its users to fill in said forms, in the manner of an automated scrivener, and provides the form to its users for a fee.

Formasio is not a law firm, it cannot and does not provide legal advice, it does not suggest forms to fill out, and it recommends to all its users to seek the legal advice of a qualified immigration attorney before making any decision about applying for an immigration benefit. Formasio provides assistance to its users in locating qualified immigration attorneys. However, Formasio is not a lawyer referral service.

2. The Attorney Offramp

Additionally, Formasio takes reasonable measures to ensure that its users do not mistakenly file a petition or application with USCIS that negatively affects their rights or interests, by implementing a mechanism entitled the attorney offramp (“Attorney Offramp”). The Attorney Offramp is intended to identify and exclude users whose inputs may indicate that filing a particular petition or application is harmful to their rights or interests. For example, if a user indicates that they are under eighteen, or that they have been arrested in the past, or that they are or have been in removal, exclusion, or deportation proceedings before the Executive Office of Immigration Review (“EOIR”), among other disqualifying grounds (“Prohibited Users”), Formasio excludes such Prohibited Users from using Formasio’s Services, and records identifying information about Prohibited Users, such as IP address, alien number and/or passport number in order to identify and exclude Prohibited Users from Formasio’s services in the future.

3. Quality assurance

Formasio also offers the option to review forms for grammar, spelling, completeness, and internal consistency. However, Formasio does not draw legal conclusions, provide legal advice, suggest which forms to submit, or apply the law to the facts of your circumstances. Formasio merely provides the forms available from USCIS, and automatically applies the input users provide to those forms. Our website treats all users who enter the same input in the same way, and does not distinguish users on any other aspect of their circumstance except by their input.

4. We are not a law firm, and we do not provide legal advice

We cannot recommend which forms to fill out. Only an attorney can recommend forms, and provide legal advice, and Formasio is not a substitute for the advice of an attorney. Formasio is not responsible for the outcome of your petition or application. Formasio is not responsible for approval of immigration benefits, denials of immigration benefits, the issuance of a Request for Evidence (“RFE”), the issuance of a Notice of Intent to Deny (“NOID”), or the issuance of a denial of immigration benefits.

Formasio always urges its users to employ the services of an attorney, and assists users in finding qualified attorneys capable of providing legal advice. Formasio’s Services are intended for individuals who have firmly decided not to hire an attorney, and have firmly decided to submit immigration petitions and/or applications on their own without the help of an attorney. Formasio and its Services are not intended to, and do not, create an attorney-client relationship with its users, and any information provided is not subject to the attorney-client confidentiality doctrine. For more information, please review Formasio’s Privacy Policy.

Failing to seek legal advice in the immigration context can lead to serious consequences, including but not limited to deportation, bar from entering the United States, and/or loss of future immigration benefits. Additionally, providing false information to the United States Government can lead to loss of future immigration benefits, bar to entry, fines, and even imprisonment. Formasio is not affiliated with any United States government agency such as United States Citizenship and Immigration Service (“USCIS”), Immigration and Customs Enforcement (“ICE”) or Customs and Border Protection (“CBP”).

Formasio uses forms provided by USCIS, and updates said forms concurrently with USCIS, as quickly as reasonably possible. Additionally, USCIS forms are uniform across all jurisdictions within the United States. However, petitions and/or applications with USCIS frequently require the submission of supporting documents particular to your United States or foreign jurisdiction, such as marriage certificates, leases, or drivers’ licenses among others. Formasio cannot and does not advise on the legal sufficiency of supporting documentation, nor how to obtain such documents, and urges all its users to consult with a qualified attorney who would be able to provide such legal advice.

5. Privacy Policy.

Formasio strives to safeguard its users’ privacy, in recognition of the fact that users provide sensitive information such as alien numbers, passport numbers, and financial information. Users’ privacy is controlled by Formasio’s Privacy Policy, incorporated herein by reference.

Formasio strives to safeguard your personal information and login credentials. However, you are responsible for the safekeeping of your login credentials such as your user name and password. You are also responsible for periodically changing your password, and enabling two-factor authentication. You are also responsible for notifying Formasio about unauthorized use of your account, or as soon as you have reason to believe that your user name and/or password have been compromised. Formasio will not take responsibility, and will not be held liable, for any losses or breach of privacy you experience from the unauthorized use of your account or password, whether such use occurred with or without your knowledge and/or consent. Formasio may hold you liable for losses incurred by Formasio, our employees, partners, directors, agents or associates resulting from someone else’s use of your account or password.

6. Refund Policy.

Formasio strives to satisfy the needs of its users. If we have fallen short of that expectation, or if you suspect that an error has occurred, please reach out to us by email at support@formasio.com, or by phone at PHONE NUMBER.

Our refund policy is guided by a sense of fairness and common sense. Generally, when a user remits payment for a form, and Formasio provides that form that has been filled in based on that user’s input, and that user downloads the form successfully, then that user is generally not entitled to a refund. If that user was unable to download that form successfully for any reason, Formasio reserves the right to provide the form to that user, either electronically or by another means, and that user agrees to make all reasonable efforts to receive said form, at which time such user would not be entitled to a refund. Formasio considers this a service rendered.

We generally only offer refunds where it is clear to a neutral, reasonable observer that there has been an error in the rendering of our Services. Such examples may include technical malfunctions with our Services, or inaccurate billing. If a user is able to show that, for example, there has been a billing mistake, Formasio may issue refunds on a case-by-case basis, taking into consideration the totality of the circumstance.

We cannot, and do not, offer refunds for payments to third parties and not to Formasio, such as payments made to attorneys. Once a User has decided to enlist the help of an immigration attorney, Formasio terminates all Services to that user, except as described in Formasio’s Privacy Policy.

7. Independent Attorneys.

In the course of using Formasio’s Services, Users will be given the opportunity to interact with Independent Attorneys. Independent attorneys, as the name suggests, are not Formasio employees, agents or representatives in any sense. Independent attorneys are third-party contractors responsible for abiding by the rules of professional responsibility in their jurisdiction, have been duly licensed, are in good standing, and are authorized to practice law. Interactions with Independent Attorneys are entirely optional, and are not required as part of Formasio’s Services.

Users’ interactions with independent attorneys on the Formasio platform are entirely voluntary, and can be concluded at any time by either party. Although such interactions may be facilitated by, and occur on, the Formasio platform, and although Formasio has access to such communications for quality assurance purposes, Formasio is not a participant in such interactions, as they are interactions solely between you and that attorney. Formasio is not a party to those communications, and does not review or endorse any advice provided by such attorneys.

Independent Attorneys may review documents that you provide to them, and/or information that you provide to Formasio with explicit consent and direction to share same with the Independent Attorney. Formasio will not share with the Independent Attorney any information you provide without your consent. Please see our Privacy Policy for additional details. Formasio does not have any control over Independent Attorneys beyond negotiating a standard consultation fee on your behalf.

You may choose to engage that Independent Attorney for legal services. Once you retain an Independent Attorney by, for example, executing a letter of engagement, Formasio is no longer involved with your petition, application, representation, or any other aspect of your matter. Additionally, if Formasio determines that you have become a Prohibited User pursuant to paragraph 2 of these Terms, you may not use the Formasio Services for any reason.

Although Formasio may receive monthly subscription payments from Independent Attorneys, Formasio does not engage in fee sharing with its Independent Attorneys, as fee sharing is prohibited for non-attorneys in many jurisdictions. Formasio will accept no responsibility, liability, credit or blame for any services provided by Independent Attorneys, or any attorney or third party that you engage, and you do so at your own risk.

8. Refusal of services

Although we strive to be inclusive and tolerant, we reserve the right to refuse services to anyone, for any lawful reason. For example, we may refuse service to a user if we believe that this user has engaged in abusive behavior, whether through our Services, or in written or verbal or in-person communication. We reserve the right to refuse services if we believe that a user is using our Services for illicit purposes, or to defraud a third party or the United States government. Termination can occur without notice.

Formasio will never refuse services to any user solely on the basis of race, color, religion, sex, gender identity, sexual orientation, pregnancy, national origin, age, political opinion, disability or genetic information. If you suspect that you have been denied Services on the basis of any one of the aforementioned grounds, please contact us immediately at legal@formasio.com

9. Document ownership

The documents that you create through Formasio’s Services are your property, upon purchase of those documents. By using Formasio’s Services, you give Formasio permission to access your documents for the purpose of providing Services. If you do not purchase the documents you create, Formasio will preserve those documents for a period of one year. At the conclusion of that year, Formasio reserves the right to discard those documents and/or any information associated with your account. Formasio has no responsibility and will incur no liability for maintaining, or failing to maintain, deleting, or failing to delete, your documents, information, or any input that you provide to Formasio.

Formasio may disclose documents, input, or other personal information you provided, when required by law, such as to comply with a court-issued subpoena, warrant, or with a binding, lawful court order, to meet the requirements of law enforcement where appropriate, to investigate suspected fraud, where necessitated by an emergent situation or the imminent loss of life or limb, to enforce Formasio’s Terms or Privacy Policy, to protect the rights, property and safety of Formasio and its users, employees, directors or agents, or to protect Formasio and its users from the unlawful use of its Services. Please see our Privacy Policy for additional information.

10. Personal use

Formasio’s Services are intended for, and may only be used, for personal use. By using Formasio you agree that all information you provide to Formasio is your own information. Third parties may not use Formasio’s Services without Formasio’s explicit, written consent. Specifically, you may not, for example, user Formasio’s Services to complete forms for a third party, and sell such services. Additionally, you may not use the Formasio logo, software, trademarks, products or services, in whole or in part, without Formasio’s explicit, written consent. You may not hack, “scrape” or “crawl” Formasio either directly or through automated means such as bots, scrapers, spiders, crawlers, or RSS feeds, without prior express written consent by Formasio.

11. DMCA and Copyright

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Formasio’s Designated Copyright Agent:

Formasio Copyright Agent

c/o Formasio Legal Department

ADDRESS

PHONE

legal@formasio.com

12. Dispute Resolution by Binding Arbitration and Waiver of Class Action Rights

Formasio strives to resolve all user concerns by calling our support line at PHONE, or by emailing support at support@formasio.com.

In the unlikely event that we are unable to resolve your concern through our support staff, and a dispute arises between you and Formasio, you agree, by using Formasio’s Services, to resolve any and all disputes not exceeding $75,000 through binding arbitration. Disputes subject to binding arbitration can be any claim arising out of or relating to any aspect of your interaction with Formasio, sounding in contract, tort, copyright, property, advertising, or any other legal theory.

Notwithstanding the aforementioned binding arbitration requirement, either you or Formasio may bring an action in small claims court. Additionally, Formasio may bring an action against you in any court of competent jurisdiction for injunctive relief for the limited purpose of enjoining any intellectual property infringement without engaging in arbitration.

If you intend to bring a claim for arbitration, you must first send written notice of your claim by U.S. certified mail, stating the factual allegations supporting your claim and your demand, to ADDRESS and by email to legal@formasio.com. The arbitration process will be governed by the Consumer Arbitration Rules of the American Arbitration Association. Unless otherwise agreed, the arbitration process will occur at 150 East 42nd Street, Floor 17, New York, NY 10017, or at an American Arbitration Association regional office located in the county of your residence, in which case Formasio reserves the right to appear by telephone and respond by submission only.

By using Formasio’s Services, you explicitly waive your right to bring, or participate as a class member in, class arbitrations or class actions against Formasio, at any time, including at any time after the instant Terms are no longer in effect.

Please consult an attorney prior to using Formasio’s Services.

13. No Warranty and Limitation of Liability

Formasio provides its Services on an “as is” and “as available” basis, and disclaims any and all warranties of any kind, express or implied, as to merchantability, fitness for a particular purpose, title and non-infringement. Although Formasio strives to provide reliable, secure service, it makes to warranty that it operates an error-free Service, or that its Services produce error-free results. Your use of Formasio and the products obtained through its Services is at your own risk and discretion, and Formasio takes no responsibility for any consequences you may experience from your use of Formasio.

Additionally, by using Formasio, you agree to hold Formasio and its employees, agents, directors and officers harmless for any claim for damages, whether direct, indirect, consequential, punitive or incidental, whether sounding in contract, tort, or any legal theory, including any claim for personal injury, chattel, conversion, or property damage, or arising from any violation by you of any federal, state, or local laws, rules or regulations, even if reasonably foreseeable.

This “No Warranty and Limitation of Liability” clause does not apply to Users domiciled in North Carolina.

14. Controlling Law and Venue

All legal claims against Formasio will be controlled by paragraph 12 of these Terms, entitled “Dispute Resolution by Binding Arbitration and Waiver of Class Action Rights.” In the event that a claim is permitted before a court of law, by using Formasio’s Services you agree to resolve such claim in New York County and/or the United States District Court for the Second Circuit. These Terms and their interpretation will be governed by the laws of the State of New York.

15. Entire Agreement

These Terms constitute the entire agreement between Formasio and you, and supersede any other terms. No amendments, changes, additions or subtractions are permissible, whether written or verbal, except inasmuch as Formasio updates these Terms from time to time and posts same on its website. It is your responsibility to review the most current Terms prior to any and all instances of using Formasio’s Services. By using Formasio you agree to be bound by these Terms, and any future amendments that Formasio promulgates.

16. Consent to Receive Emails

By using Formasio’s Services, you agree to receive emails from Formasio regarding the Services used, billing, and account-related matters. All other email communication is governed by our Privacy Policy.

17. North Carolina Residents

The disclaimers of warranties and limitations on liability, limits on recovery, or choice of venue clauses of these Terms do not apply to North Carolina residents.


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