Morf is a trademark of Aftia Solution inc.
Aftia software and related services are licensed, not sold. These Terms of Use (‘Terms”) govern the Customer’s use of and access to our website, customer support, discussion forums or other interactive areas or services, and services such as the Morf Render, Submission and Conversion Services and any applications, including mobile applications, sample files, scripts, instruction sets, reports and related documentation (collectively, the “Software”).
The Software is deemed to be delivered and accepted by the Customer on the License Term start date.
Subject to the Terms of this Agreement, Aftia grants Customer for its direct beneficial business purposes, during the License Term, a non-transferable, non-exclusive license, to:
- Permit Users to access the Software through the applicable interfaces;
- Develop and test to evaluate potential configurations of the Software;
- Install, implement, and use the Distributed Code on Customer devices and sites;
- Permit End Users to access applications built by the Customer using the applicable interfaces; and
- Use the Software in accordance with the Documentation.
Except to the extent expressly permitted under this Agreement, Customer agrees as a condition of the licenses that it must not use the Software in:
- Violation of any applicable law or regulation, or in connection with unlawful material (such as material that violates any obscenity, defamation, harassment, privacy, publicity or intellectual property laws); or
- A manner that would cause a material risk to the security or operations of Aftia or any of its customers, or to the continued normal operation of other Aftia customers.
- Copy, use, distribute, republish, download, display, transmit, sell, rent, lease, host, or sub-license the Software;
- Offer, use, or permit the use of the Software in a computer service business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as part of a hosted service, or on behalf of any third-party;
- Attempt to modify, create derivative works of, adapt, translate, reverse engineer, decompile, or otherwise attempt to discover within any Aftia Software, the source code, data representations, or underlying algorithms, processes and methods.
- Remove, obscure, or alter any proprietary notices associated with the Software
- Use any software components, modules, or other services that may be delivered with the Software, but which are not licensed to Customer and identified in the Sales Order;
- Decouple any components of the Software for use on different Computers as is designed and provided to Customer for use as a single product; or
- Share its login IDs and passwords, or allow use of the same login ID simultaneously by two or more Users, and Customer is responsible for unauthorized access to its login IDs and passwords. Aftia reserves all other rights not expressly granted in this Agreement.
Morf is a data capture platform allowing organizations to create, generate and manage web based user interfaces enabling organizations to accelerate their digital transformations. Morf is available in one of the following configurations:
- The ability to create an unlimited of Draft Forms
- The ability to have three (3) Production Forms at any one time.
- One Thousand (1,000) total Form Submissions in total.
- The ability to create an unlimited of Draft Forms
- The ability to have ten (10) Production Forms at any one time.
- Twelve Thousand (12,000) total Form Submissions per year
- The ability to create an unlimited of Draft Forms
- The ability to have one hundred (100) Production Forms at any one time.
- Seventy Five Thousand (75,000) total Form Submissions per year
- Reporting capabilities
- The ability to create an unlimited of Draft Forms
- The ability to have one thousand (1,000) Production Forms at any one time.
- Two Hundred and Fifty Thousand (250,000) total Form Submissions per year
- Reporting capabilities
A Licensee of Morf Basic, Standard or Professional may license the Morf Add-On Package which entitles them to an additional:
- Twenty (20) Production Forms
- Ten thousand (10,000) total Form Submissions per year
By accepting the terms of this agreement, the Customer consents to being contacted by Aftia for support, sales or marketing purposes.
Subject to the Customer’s compliance with the Terms and applicable law, Customer may access and use the Software that Aftia makes available, and that the Customer licenses from Aftia. The license(s) expires at the end of the term set forth in the Sales Order document or in the case of a free trial, the limitiations described in this document in the Product Description Section. The Customer agrees that the decision to use or purchase Software is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Aftia regarding future functionality or features.
Aftia remains the sole owner of all right, title, and interest in the Software. Except as stated in the Terms, Aftia does not grant the Customer any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Software. Aftia reserves all rights not granted under the Terms.
Aftia Inc. may offer free memberships, offers, and trial memberships in its sole discretion. If access to the Software is provided to the customer for free or for trial purposes, such access is governed by these Terms. At any time prior to or during the free or trial period, Aftia may, in its sole discretion, terminate the free or trial access without prior notice and without any liability to the Customer, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access. After the free or trial access period expires, the Customer may only continue using the Software by enrolling in a paid subscription, if available, or as otherwise permitted by Aftia. During the free or trial period, no express or implied warranties shall apply to the Software, the Software is provided “as-is” with all defects, and no technical or other support is included.
The Software may include third-party services and software, and the Customer is responsible for complying with any and all third-party terms that apply.
Aftia grants the Customer a non-exclusive, non-sublicensable, and non-transferable license to use the Software.
The Customer will indemnifies Aftia and it;s subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to the Customer’s use of the Software (as applicable), or violation of the Terms. Aftia has the right to control the defense of any claim, action, or matter subject to indemnification by the Customer with counsel of Aftia’s own choosing. The Customer will fully cooperate with Aftia in the defense of any such claim, action, or matter.
- Unless stated in the Additional Terms, Aftia is not liable to the Customer or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages
- resulting from loss of use, data, reputation, revenue, or profits; based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or
- arising out of or in connection with the Customer’s use of or access to the Software.
Morf's data and privacy policy can be found here.
If either Party commits a material breach of this Agreement, the nonbreaching Party may give written notice describing the nature and basis of the breach to the breaching Party. If the breach is not resolved within 30 days of the notice date, the non-breaching Party may immediately terminate this Agreement, in whole or in part. Other Breaches. Aftia may terminate this Agreement, in whole or in part, immediately upon written notice to Customer, if required by law; or Customer breaches the Terms.
Upon termination or expiration of this Agreement or any License Term for the Software, the licenses and associated rights to the Software will immediately terminate;
Customer must, at its expense: (a) remove and delete all copies of the Software and Distributed Code; and (b) remove all references and links to the Software from the Customer Sites. Some or all of the Software may cease to operate without prior notice upon expiration or termination of the License Term; and Customer Data and Customer Content stored within the Software will be available to Customer for 30 days after the termination or expiration in the same format then available within the reporting interface(s).
Customers will be liable for any fees for any use of the Software which remains active after termination or expiration of this Agreement. These fees will be invoiced to the Customer at the rate set out in the Sales Order. If Aftia reasonably determines that Customer’s deployment or use of the Software is causing a material risk to the security or operations of Aftia or any of its customers or to the continued normal operation of other Aftia customers (each a “Deployment Risk”), then Aftia may, at any time, upon written notice to Customer: immediately suspend Customer’s access, in whole or in part, to the Software causing the Deployment Risk, until such Deployment Risk is resolved; or as a final option, where Aftia has first used all commercially reasonable efforts to mitigate the Deployment Risk, Aftia may terminate the affected use of the Software
Aftia may make changes to the Terms from time to time, and will notify the Licensee by revising the date at the top of the Terms and, in some cases, may provide the Licensee with additional notice. Unless otherwise noted, the amended Terms will be effective immediately, and continued use of our Software will confirm acceptance of the changes. If the Licensee does not agree to the amended Terms, the Customer must stop using the Software.
- “Aftia” means a Canadian software and services corporation located at 6 Antares Drive Unit #203, Ottawa Ontario Canada, K2E 8A9
- “Agreement” means this document and associated Sales Order(s) together with any exhibits included with the applicable Sales Order.
- “Computer” means a virtual or physical device for storing or processing data, such as servers, desktop computers, laptops, mobile devices and hardware products. Where a device contains more than one virtual environment (including virtual machines and virtual processors), each virtual environment will be counted as a separate
- “Customer” means the entity identified in the Sales Order as “Customer” or otherwise identified in the Sales Order as the end user customer.
- “Customer Content” means any Computer files or templates created by the Customer or it’s Users or End Users in conjunction with the use of the Software.
- “Customer Data” means any information that is imported by or on behalf of Customer into the Software from Customer’s internal data stores or other third-party data providers, input by End Users, or is collected via the Distributed Code, in connection with Customer’s use of the Software.
- “Distributed Code” means HTML tags, JavaScript code, object code, plugins, SDKs, APIs, or other code provided by Aftia for use of the Software.
- “Documentation” means the applicable technical specification and usage documentation for the Software as such materials are made generally available on Aftia’s website. “Documentation” does not include any third-party content posted to User forums hosted or moderated by Aftia, content related to any future functionality, or communications exchanged between Aftia and Customer, unless such communications are specifically incorporated by reference within the applicable Sales Order.
- “Draft Forms” means any forms or documents which have been created using the Software but are not available for general use by End Users.
- “End Users” means any third party individuals or organizations directed by the Customer to use applications built by the Customer using the Software.
- "Form Data" means any data entered by and End User or populated into a form by another service or application.
- “Form Submissions” the submission of data by an End User to services made available by the Software. “License Term” means the earlier of the duration of the license for the Software as stated in the Sales Order, or any shorter term arising from a termination or expiration of this Agreement.
- “Morf Render, Submission and Conversion Services” or "Services" means the core set of APIs and related processing which enables the creation, rendering and submission of form data.
- “Party” means either the Customer or Aftia, as applicable.
- “Production Forms” means any forms or documents which have been created using the Software available for general use by End Users
- “Sales Order” means the sales order form, statement of work, or other written document for the Software that is executed between Aftia and Customer.
- “User” means an individual (either an employee or temporary worker of Customer) who may use or access the Products and Services on behalf of Customer.