Terms of Service

These Terms of Service (these “Terms”) are between Form & Function Consulting, LLC (“Provider”, “our” or “us”) and the company (“Customer” or “you”) accessing or using our website or application (“Service”).

If Customer has signed a separate Master Service Agreement (“MSA”) with us, that MSA governs your use of the Service, and these online terms do not apply.  Otherwise, your use of the Service signifies your acceptance of these Terms.

Standard Terms

1. Use of the Service

  • Authorized Users: Access to the Service is granted via accounts (each an “Account”) provisioned by us to your employees or contractors (“Authorized Users”). You are responsible for all actions taken under your Service account.

You are responsible for ensuring your Authorized Users comply with these Terms.

  • Credentials: You must protect the confidentiality of your login credentials. Notify us immediately at security@form-function.co if: (a) you learn of any unauthorized access or use of the Service; (b) if any account information is lost or stolen; or (c) if you become aware of any violation of these Terms by an authorized User.

  • Security.  Provider maintains commercially reasonable administrative, technical, and physical safeguards.  We may suspend access to the Service to address actual, threatened or suspected security threats. Customer is responsible for strong, unique passwords; multi-factor authentication; user security training; malware prevention and endpoint/network controls; timely deprovisioning; enabling security notifications where offered; and promptly reporting incidents. No system is 100% secure. Provider is not liable for unauthorized access due to unaffiliated third-party acts or omissions or Customer’s own systems or practices.

2. Intellectual Property & Ownership

  • Provider Property: The Service, including all of its enhancements, upgrades, modifications, customizations, derivative works, selections, algorithms, compilations, aggregations, source code and/or object code, and copies thereof, and all information, methods, processes and all intellectual property contained therein (collectively, the “Provider Intellectual Property”) is and will remain the property of Provider. Provider has and will retain exclusive right and title to, and has all patent, copyright, trademark, trade secret and all other intellectual property rights in and to the Provider Intellectual Property. Nothing in these Terms will be construed as transferring any aspects of such rights to you with the exception of your limited right to use and access the Service. Provider shall have the right to register patents, trademarks and copyrights related to the Services with any governmental authority anywhere in the world..

  • Customer Data: Customer own all data you upload to the Service (“Customer Data”). You grant Provider the limited right to collect, use, reproduce, distribute, transmit and make derivatives of the Customer Data in connection with our provision of the Service and any support provided. In addition, you grant Provider the right to use the Customer Data, once it has been anonymized and/or aggregated by us (“Derived Data”) for analytical, statistical, security, benchmarking, quality control and product development purposes and/or for compliance with law. 

  • Feedback: If you provide us with suggestions or feedback, we may use that feedback freely and without restriction or compensation.

  • Usage Data: We may collect anonymous metadata about how the Service is used to improve our product. 

3. Acceptable Use

Except as expressly permitted by these Terms, you shall not, and you agree not to authorize, encourage, or permit any third party to: (a) modify, adapt, alter, translate, or create derivative works from the Service; (b) assign, lease, rent, loan, or otherwise transfer rights or access to the Service; (c) use any analytics, data, content, or other output created by or from the Service on behalf of, or to perform any services for, any third party) or include such analytics, data, content or other output in any services or products provided by you to any third party; (d) reverse engineer, decompile, disassemble or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in the Service, including without limitation, any such mechanism used to restrict or control the functionality of the Service or its authorized users or (ii) to derive the source code or the underlying ideas, algorithms, structure or organization from the Services; (e) remove, modify or obscure any proprietary notices within the Service; (f) provide access to the Service to any person or entity that engages in illegal or deceptive trade practices or any other practices proscribed under applicable law; (g) attempt to bypass security controls or "scrape" data from the Marketing Site or Service; or (h) share a single user account between multiple individuals.

4. Fees and Payment

Unless otherwise specified in the MSA:

  • Invoicing: Fees are billed in advance and are non-refundable.

  • Payments: Payment is due net 15 or as otherwise agreed to within the MSA.

  • Taxes: Customer is responsible for all applicable sales or use taxes.

5. Covered Claims (Indemnification)

  • Provider’s Commitment: We will defend you against third-party claims that the Service infringes on their intellectual property rights.

  • Customer’s Commitment: You will defend us against third-party claims arising from our use of the Customer Data or your breach of these Terms.

6. Limitation of Liability

  • Liability Cap: To the maximum extent permitted by law, our total cumulative liability for all claims arising out of these terms or your use of the Service is limited to fees paid by you in the 12 months before a claim arises.

  • Disclaimer: We provide the Service "AS IS." We are not liable for incidental, special, or consequential damages, or for service interruptions caused by our third-party infrastructure or cloud hosting provider (e.g., Google Cloud, Supabase).

7. Publicity

Unless you notify us otherwise via email, we may identify you as a Customer and use your name and company logo on our marketing materials.

8. General Provisions

  • Governing Law: This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to otherwise applicable principles of conflicts of law. Any legal action must be brought in the courts located in Suffolk County, Massachusetts.  You and us waive any right to a trial by jury for a dispute related to these Terms or your use of the Service.


  • Changes: We may modify these terms from time to time. We will notify you of material changes via email.  Your continued use of the Service will signify your acceptance of these modifications.  These Terms are complete and reflect the entire agreement between us and you with respect to your use of the Service, and supersedes all previous written or oral negotiations, commitments and writings. 

  • Waiver.  No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

  • Severability.  If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

  • Privacy Policy. To the extent you provide us with any personal data or personally identifiable information, we will handle the same in accordance with our Privacy Policy, [insert hyperlink].


Updated: May 11, 2026