Terms of Service

Welcome to Conforma! These Terms of Service (“Terms” or “Terms of Service”) outline the rules and regulations for accessing and using our AI-powered content transformation platform. By leveraging advanced artificial intelligence, our platform allows users to convert plain text into dynamic multimedia formats, including videos, audio files, infographics, and more, enhancing communication and creativity.  This Terms (together with our Privacy Policy) governs Conforma, Inc.’s (“Conforma”, “We”, or “Our”) relationship with you as a subscriber (“you,” “your” or “Customer”) of our software (the “Software”), our services (the “Services”), our website (www.conforma.ai or conforma.app) (the “Website”) and our software that may be downloaded to your smartphone or tablet to access our Services (the “Mobile Apps,” and together with the Website, Software and Services, the “Conforma Suite”).

By using the Conforma Suite, whether as a Customer, a user granted access by a Customer (an “Authorized User”) or on a free trial basis or through a pilot program, you agree to adhere to these Terms, which are designed to ensure a secure, fair, and productive environment for all users. Our goal is to empower individuals and organizations while safeguarding intellectual property, promoting ethical use of AI technologies, and maintaining transparency.

These Terms of Service govern your interactions with the Conforma Suite, your rights and responsibilities, and our commitment to delivering reliable and innovative solutions. Please read them carefully to understand how your data is handled, the scope of permitted use, and our limitations of liability.

Conforma strives to provide accessible, high-quality services while upholding legal and ethical standards. If you have any questions or concerns regarding these Terms, feel free to contact us for support.

1. Conforma Suite

1.1 Availability and Requirements
We are responsible for hosting the Software, the Website and the Mobile Apps and providing the Services, and the Customer is responsible for providing the resources necessary for Authorized Users to access the Conforma Suite. You are responsible for uploading your own content (“User Content”) to the Website or Mobile Apps for processing by the Software, such as videos, audio clips, infographics, images, and files, for which you have full control and responsibility.  The Software, the Website and the Mobile Apps are accessible 24/7 except for maintenance, repairs, and loss or interruption caused by reasons beyond our control. The Customer is responsible for keeping their account information current, whitelisting Conforma’s IP address and mailing domain to ensure alerts of notifications, informing us of any errors, and ensuring that it has the infrastructure to access the Conforma Suite.

1.2 Errors, Documentation, and Support
We will use commercially reasonable efforts to correct any reproducible errors that prevent the Software from performing with the then-current specifications as promptly as possible and to ensure that the Software does not contain viruses or other harmful code. We will provide online guides for the Software (the “Documentation”) solely for use of the Conforma Suite. Unless otherwise communicated in writing, we provide free capture of content from Word, .pdf and other files conforming to our specifications, unlimited Authorized Users and support.

1.3 Automatic Software Updates

Conforma may, from time to time, develop patches, bug fixes, updates, upgrades or other modifications to improve the performance of the Conforma Suite or to may additional changes or modifications thereto (“Updates”).  These may be installed automatically without additional notice or consent.  By using the Conforma Suite, the Customer and its Authorized Users consent to this automatic updating.  If you do not want such Updates, the Customer’s and its Authorized User’s sole remedy is to terminate their account and stop using the Conforma Suite.  The Customer acknowledges that it and its Authorized Users may be required to install Updates in order to continue to use the Conforma Suite, and its and their continued use of the Conforma Suite following such Updates is their agreement to these Terms and any changes that Conforma may make to these Terms over time.

1.4 Subscription Plans
Our subscriptions are billed in USD in advance based on the Customer’s subscription interval and subscription tier. We will notify the Customer in advance of any changes to billing, including increased usage that affects fees. The Customer is responsible for any sales, use, or other taxes related to the Conforma Suite, and in some jurisdictions, we may be required to collect these taxes. If the Customer does not terminate at least thirty daysbefore the current subscription ends, the subscription automatically renews on its anniversary date. We will notify you before any auto-renewal of your subscription.  You can cancel your subscription at any time, but if you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.

 1.5 Free Trials and Pilots 

We may offer you a free trial or pilot to allow you to try our Services. We reserve the right to set eligibility requirements and the duration for free trials and pilots.

At the end of your free trial, we will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to the end of the free trial. If you have access to a pilot, your access to the Services will cease if you do not enter into a paid subscription prior to the end of the pilot period.

1.6 Changes in Pricing

Conforma reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

1.7 Payments
We accept a number of electronic payments. If the Customer pays by credit card, the Customer agrees that (i) the Customer is authorized to permit the charge; (ii) Conforma may automatically charge the Customer’s account at the Customer’s selected subscription billing interval; and (iii) the Customer authorizes us to continue billing the Customer’s account for the subscription using any updated card information received from programs supported by the Customer’s card provider like updater services and recurring billing programs. If the payment information is not valid as provided or the Customer’s account becomes past due, we have the right to suspend the account and terminate the Customer use of the Conforma Suite until the account is current. Unpaid or overdue amounts will be subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

2. License,  Authorized Users and User Content

2.1 License Grant
Conforma grants the Customer a non-exclusive, revocable, worldwide, royalty-free, non-transferable license to access and use the Conforma Suite solely for preparing, creating and managing company content for internal or external distribution such as marketing copy, corporate communications, internal communications, including training materials, and similar materials “Customer Output”) for the Customer’s internal business purposes. Customer may not sublicense any portion of the Conforma Suite, except to contractors who use the Conforma Suite solely to assist Authorized Users. This Agreement does not give the Customer nor any Authorized Users any title, ownership, or interest (including any intellectual property rights) in the Conforma Suite or the Documentation.  Customer is the owner of all Customer Output.

2.2 Restrictions
The Customer and Authorized Users will not, and will not attempt to, directly or indirectly (a) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, or any files contained in or generated by the Conforma Suite; (b) copy, modify, or adapt any part of the Conforma Suite, or otherwise use, resell, distribute, or sublicense any part of the Conforma Suite other than as authorized under this Agreement; (c) access the Conforma Suite on behalf of a competing service or permit any individual acting on behalf of a competing service to access the Conforma Suite; (d) use the Conforma Suite in violation of any applicable law or regulation, (e) use any form of data mining, extraction, or scraping on the Service, Website or Mobile Apps and/or the contents available therein for any purpose (including but not limited to AI, machine learning, and data science purposes); or (f) bypass the measures we may use to prevent or restrict access to the Conforma Suite, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Conforma Suite. The Customer and Authorized Users will use commercially reasonable efforts to prevent unauthorized access to or use of the Conforma Suite and not share the password or let anyone who is not an Authorized User access the account.

2.3 Authorized Users
Authorized Users have a license to use the Conforma Suite under the terms of this Agreement.  As the Customer, you are solely responsible for your interactions with your Authorized Users, all Authorized Users’ interactions with the Conforma Suite, and for revoking access to the Conforma Suite when necessary.

2.4 User Content

You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and Conforma, you own all right, title and interest in and to your User Content. You grant Conforma a royalty-free and sublicensable license to display, host, copy, store and use your User Content solely to the extent necessary to provide the Services to you.  When you upload User Content to the Conforma Suite, you’re guaranteeing us that you have the rights to it and to manipulate it and create Customer Output incorporating such User Content using our Software and Service. 

3. Confidentiality

3.1 Confidential Information
In the case of the Customer or Authorized User as the disclosing party, “Confidential Information” means information pertaining to legal or business affairs, clients, and other non-public data. In the case of Conforma as the disclosing party, “Confidential Information” means all source code, the Documentation, trade secrets, and all non-public information about our legal or business affairs or the Software, but it does not include any nonpublic data in the Confidential Information provided by the Customer or an Authorized User.

3.2 Use and Protection of Confidential Information
The party receiving Confidential Information agrees to (a) only use Confidential Information to perform its obligations and rights under this Agreement, (b) restrict disclosure of Confidential Information within its organization to only those employees, contractors, or agents that have a need to know and comply with confidentiality obligations under this Agreement; and (c) not disclose Confidential Information to any other third party unless authorized by the disclosing party in writing.

3.3 Degree of Care and Required Disclosure
The receiving party agrees to protect the disclosing party’s confidential information using at least the degree of care that it uses to protect its own confidential information but no less than a reasonable degree of care. If the receiving party receives a request to disclose the disclosing party’s confidential information under a judicial or government order, it will not do so without first giving the disclosing party prompt notice of the request and sufficient opportunity to contest the order with reasonable assistance from the receiving party (at the disclosing party’s expense), each to the extent legally permissible.

4. Intellectual Property

The Conforma Suite and its underlying technologies, algorithms and processes, features, functionality, and appearance, as well as the “look and feel” of our Website and Mobile Apps and their overall impression, are owned by Conforma and are protected by U.S. and international intellectual property, property, and trade secret laws. The Customer and its Authorized Users agree not to remove any intellectual property or other notices, copy, modify, create derivative works of, republish, publicly display, sell, offer to sell, or exploit any of our protected materials (unless it is expressly permitted by our Website or Mobile Apps or we provide our written permission to do so). By providing comments, suggestions, enhancement requests or other ideas or feedback to us regarding the Conforma Suite, the Customer and all Authorized Users agree to grant Conforma, you agree to assign to us all right, title, and interest in those comments, suggestions, requests, ideas and feedback; provided that if any such assignment is deemed to be invalid, you and your Authorized Users acknowledge that you have granted us a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use them and/or to incorporate them into the Conforma Suite.  We own all content, data, software, inventions, ideas and other technology and intellectual property that we develop in connection with the Conforma Suite and its products.

5. Limitation of Liability; Indemnity Obligations

5.1  Conforma’s Limited Liability

Conforma is not responsible for regulating the conduct of Authorized Users or the content or ownership of the User Content, and the Customer specifically agrees that Conforma is not liable for any conduct or issues between Customer and an Authorized User or between the Customer and its clients, in all cases to the maximum extent permitted by law. The Customer and Authorized Users are solely responsible for reviewing the accuracy of all information they input into the Conforma Suite and any Customer Output generated by the Conforma Suite. Further, Conforma will not be held responsible for any use, disclosure, modification, or deletion of data that is transmitted to, or accessed by a product that is not within the Conforma Suite.

THE CONFORMA SUITE IS PROVIDED “AS IS,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND UNINTERRUPTED OPERATION. IF THESE LIMITATIONS ARE NOT PERMITTED UNDER APPLICABLE LAW, THE WARRANTY WILL BE THE MINIMUM ALLOWED UNDER SUCH LAW.

EXCEPT AS LEGALLY PROHIBITED, THE CUSTOMER AGREES THAT REGARDLESS OF LEGAL THEORY, EVEN IF CONFORMA HAS BEEN WARNED OF SUCH DAMAGES, AND IN CASES OF CLAIMS BASED ON NEGLIGENCE OR STRICT LIABILITY, CONFORMA’S MAXIMUM LIABILITY WILL NOT EXCEED THE LESSER OF (i) THE AGGREGATE AMOUNT OF FEES PAID TO CONFORMA DURING THE THREE MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE AND (ii) $1,000. CONFORMA (INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, AND INVESTORS) WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, UNFORESEEN DAMAGES, LOSSES OF BUSINESS, PROFITS, OR OTHERWISE, EXPENSES, INCLUDING ATTORNEYS’ FEES RELATING TO THIS AGREEMENT. AUTHORIZED USERS AGREE TO WAIVE ALL RIGHTS TO INTERPOSE ANY CLAIMS, DEDUCTIONS, SETOFFS, OR COUNTERCLAIMS OF ANY NATURE (OTHER THAN COMPULSORY COUNTERCLAIMS) IN ANY ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY MATTER ARISING THEREFROM OR RELATING HERETO OR THERETO.

5.2  Customer Indemnification

Customer agrees, to the extent permitted by law, to defend, indemnify and hold harmless Conforma and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) its or its Authorized Users’ violation of these Terms or (ii) its User Content and Customer Output.

6. Termination

The Customer may terminate use of the Conforma Suite at any time via their account settings.  Any termination by the Customer will take effect at the end of the Customer’s current subscription term. In the event of any suspension or termination for any reason other than a breach of any of the provisions of Section 2.2, Conforma will maintain Customer’s embed code, which enables Customer to access and export its User Content and Customer Output, for 6 months following any termination at no-cost to the Customer to provide the Customer the opportunity to export its data . 

If the Customer terminates this Agreement before the current subscription period ends, the Customer will pay Conforma for all amounts payable as of the date of termination. Conforma reserves the right to suspend or terminate access to the Conforma Suite at any time (including for overdue or unpaid payments). If Conforma suspends or terminates the Customer’s use of the Conforma Suite, Conforma, in its sole discretion, will refund any remaining unused fees for the current subscription period and notify the Customer in advance to retrieve the Customer’s data, though in some cases (such as a flagrant violation of this Agreement or a court order), we may terminate use of the Conforma Suite immediately.

Upon the effective date of termination, all rights and licenses granted by Conforma will immediately cease, and Authorized Users will promptly destroy any Conforma Confidential Information in their possession. All information associated with the Customer’s account may be irrevocably deleted from the Conforma Suite. Sections 3-6 inclusive and 9 will survive any termination or expiration of this Agreement.

7. Third Party Services

Authorized Users acknowledge and agree to Conforma’s use of third party vendors and partners that provide the necessary infrastructure, software, storage, and related technology systems to offer the Conforma Suite (e.g., Microsoft Azure, Hubspot, Stripe). Authorized Users data privacy that is handled by third party solutions is addressed in the Privacy Policy. 

8. EU Data Protection

8.1 GDPR Background

On May 25, 2018, the European Union “General Data Protection Regulation” (GDPR) came into effect replacing the European Data Protective Directive 95/46/EC. It unified legislation regarding the use and management of personal data and standardized and increased privacy protections for personal data of EU individuals.

8.2 Conforma’s GDPR Compliance

Conforma, Inc. (“Conforma”) is a Delaware corporation based in the United States.  Conforma is committed to the protection of data, and our software development process takes this into account.  We only collect personal data when necessary to provide Customers with Conforma’s services and we are committed to upholding your privacy rights. We do not sell your data to any third parties. You can see our privacy policy here. 

Our employees receive annual training on GDPR and privacy compliance. We have also completed internal data mapping processes, privacy impact assessments, and implemented strict information security and data protection policies, including incident response procedures, to ensure that we identify, report, and resolve potential security events and data breaches as soon as possible. Conforma also regularly reviews its vendor agreements and data protection agreements with its vendors. If you would like to delete your data, you can email our team at privacy@conforma.ai. With respect to data deletion, we will promptly remove your data after any required processing is completed, any legally binding retention requirements have been satisfied, and all parties associated with that data have agreed to its deletion.

For our customers subject to the GDPR, we acknowledge our role as a data processor, and Conforma will continue to fulfill that role and provide the tools and support necessary for our customers subject to the GDPR to meet their responsibilities as data controllers.

8.3 Our Approach to Security

Our communication with our services uses [TLS 1.2 or greater]. We encrypt your data in transit and at rest using [SHA-256 and 2048] bit keys and back it up at least [daily]. [Our application is constantly updated to address any newly-discovered vulnerabilities and threats.

9. Miscellaneous

9.1 Publicity.
Except as legally prohibited, Conforma may identify the Customer as a customer on our Website, sales, and investment materials (including by use of the Customer’s logo without modification) while Customer is active as a customer. The Customer can opt-out at any time by emailing us at marketing@conforma.ai and upon receipt of any opt-out request we will promptly, and in any event within 30 days, delete all such identifications.

9.2 Waiver.
Conforma’s failure to exercise or enforce its rights under this Agreement will not be a waiver of those rights or sections. Any waivers of rights must be made in writing by an authorized representative.

9.3 Entire Agreement
This Agreement along with our Privacy Policy represent the entirety of the agreement between the Customer, the Authorized Users and Conforma and governs the interactions with Conforma and use of the Conforma Suite. It supersedes all prior agreements (including prior versions of this Agreement). Notwithstanding the foregoing, if Customer has a separate written agreement with Conforma, that agreement will govern with respect to any amendments to or modifications of this Agreement.

9.4 Disputes
All parties to this Agreement will use their best efforts to settle in good faith and through amicable negotiations any disputes which may occur between them arising out of or relating to this Agreement; the existence, validity, termination, interpretation of any term hereof; and disputes regarding the Customer’s or Authorized User’s use of the Conforma Suite. Before commencing any proceeding or taking any action relating to a dispute or claim that is intended or would reasonably be expected to adversely affect Conforma, the Customer or Authorized User will first contact Conforma about the problem at help@conforma.ai and provide Conforma 30 calendar days to investigate the dispute and attempt to provide a consensual resolution. All parties agree to negotiate and act in good faith during this period. To the extent that such disputes cannot be resolved, the only forum and remedy will be final and binding arbitration conducted by the American Arbitration Association under its Expedited Commercial Arbitration Rules (unless Customer or Authorized User is an individual or otherwise qualifies for its Supplementary Procedures for Consumer-Related Disputes). Notwithstanding the foregoing, Conforma may seek injunctive relief in Pennsylvania state or federal courts located in the State of Delaware or any violation of this Agreement. If Conforma seeks injunctive relief, the Customer and its Authorized Users agree that arbitration is not an adequate remedy at law and Conforma may seek injunctive or other equitable relief.

9.5 Modification and Notices
Conforma, in its sole discretion, reserves the right to amend these Terms from time to time. The Customer can see the date of our last change to these Terms at the top of this page. Any updates will be made available here and will be effective immediately. Continued use of the Conforma Suite following any modification constitutes the Customer’s acceptance of the modification(s). Conforma also reserves the right to modify or discontinue any individual feature associated with the Conforma Suite, with or without notice. Any notices to Conforma should be sent to hello@conforma.ai, and any notices to Customer will be sent to the Customer’s primary email address. The Customer consents to the use of electronic notices under this Agreement.

9.6 Relationship
Nothing here should be seen as forming a partnership, joint venture, or agent relationship nor is Conforma a party to any agreements between the Customer and an Authorized User.

9.7 Transferability and Assignability
If the Customer is binding an organization to this Agreement and the Customer elects to replace an Authorized User with respect to that role, the Authorized User agrees to take any actions reasonably requested by us or the Customer to facilitate the transfer of authority to a new representative of the Customer. Only Conforma, in its discretion, may assign this Agreement to any subsidiary or affiliate or under a sale, reorganization, merger, or transfer to another entity. Customer may not assign this Agreement, whether directly or by operation of law, without Conforma’s prior written consent.  Notwithstanding the foregoing, this paragraph will not affect the Customer’s rights to terminate under section 6 of this Agreement.

9.8 Severability
If a court of competent jurisdiction determines that a section of this Agreement is invalid, illegal, or unenforceable for any reason, that section will be limited or amended to the minimum extent necessary, and all of the other sections of this Agreement will remain in full force and effect.

9.9 Class Action/Jury Trial
All claims must be asserted in the Customer’s and each Authorized User’s individual roles and not as a plaintiff or class member in any class action, collective action, private attorney general action, or other representative proceeding, except that any claims of Customer and its Authorized Users may be brought in a single action. This waiver also applies to class arbitration which may not consolidate more than one person’s claims without Conforma’s consent. The Customer and each of its Authorized Users also agree that under this Agreement, all parties are each waiving rights to a trial by jury.

9.10 Force Majeure
Neither the Customer nor Conforma will be liable for any error, delay, interruption, or failure in performance under this Agreement that is caused by a condition that was beyond its reasonable control for as long as it persists. This paragraph includes conditions such as supplier problems, computer viruses, unauthorized access or theft, severe weather, natural disasters, civil disorder, terrorism, war, or threats of such, medical outbreaks, governmental restriction, and any other events beyond the parties’ reasonable control.

9.11 Choice of Law and Venue
The laws of the State of Delaware  will govern this Agreement without giving effect to conflict of law principles or the location of the Customer’s or Authorized User’s use, and the Customer and Authorized Users agree to submit to the exclusive jurisdiction and venue of the federal and state courts in the State of Delaware.

9.12 Compliance. 

All parties to this Agreement represent and warrant on behalf of themselves and their directors, officers, employees, subcontractors, and agents that they comply with all applicable laws and regulations, including the Foreign Corrupt Practices Act and any government-imposed trade restrictions with any sanctioned individual, entity, or country.

9.13  Export Restrictions

The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit us from providing you and your Authorized Users the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.