TERMS OF USE

I- Introduction

forms.app offers an the platform accessible through the https://forms.app/ domain name(the "Site") and mobile application(the "App") the Services offered through the Site and the App are provided by FORMS APP OÜ(hereinafter referred to as"us","we" or the “forms.app"), an Estonian entity with registered address at Lasnamäe tn 4b-26, 11412 Harju, Tallinn / Estonia. forms.app is an online form builder where you can create online forms such as surveys, quizzes and payment forms and collect data of any size. forms.app has employees, officers, directors, independent contractors, and representatives (the “Team"). As a customer of the Services or a representative of an entity that’s a customer of the Services, you’re a “Member" according to this Agreement (or"you").

By using the Services or signing up for an account, you’re agreeing to these Terms of Use (the “Terms"), which will result in a legal agreement between you and us. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such cases, “you" and"your" will refer to that organization.

II. Account

1. Eligibility

In order to use the Services, you must:

• be at least eighteen (18) years old and able to enter into contracts;
• complete the account registration process;
• agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;
• provide true, complete, and up-to-date contact and billing information.

By using the Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Services in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

forms.app may refuse Services, close accounts of any Members, and change eligibility requirements at any time.

2. Term

When you sign up for an account and agree to these Terms, the Agreement between you and forms.app is formed, and the term of the Agreement (the"Term") will begin. The Term will continue for as long as you have a forms.app account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Closing Your Account

You or forms.app may terminate the Agreement at any time and for any reason. You may do so by terminating your forms.app account or we may do so by giving notice to you that we are terminating the Agreement. We may suspend the Services to you at any time, with or without cause. We won’t refund or reimburse you in any situation. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

4. Changes

We may change any of the Terms by posting revised Terms on the Site or the App. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Services. We may change the Services or any features of the Services at any time, and we may discontinue the Services or any features of the Services at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such an account (other than activity that forms.app is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Services, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your account, based on the information provided in your account.

6. Use of the Account and the Services

• You could not use the Services in any manner by means of disturbing the public order, in violation with the general ethical rules, in the manner disturbing and abusing the others, for an illegal purpose and by means of violating the copyrights and intellectual rights of the others and could not present the Services received to the usage of the third-parties and could not make it subject for the commercial activities such as renting or presenting to sales. In addition to this, you could not perform activities (spam, virus, Trojan horse, etc) and transactions which prevent or make difficult the usage of the Services of the others.
• You are responsible for your content(in any form or response) and you must ensure that you have all the rights and permissions needed to use that content in connection with the Services. forms.app is not responsible for any actions you take with respect to your content, including sharing it publicly. Subject to applicable law, forms.app is not liable for your content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such content or other third-party content or materials. You acknowledge that, to ensure compliance with legal obligations, forms.app may be required to review certain of your content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display your content that we believe violates the law or these Terms. In the event your content includes third-party brands, logos or other source identifiers, we may require you to submit a statement of non-affiliation before you may use such content in connection with the Services. However, forms.app otherwise has no obligation to monitor or review any content submitted to the Services.

7. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of forms.app.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

III. Payment

8. Payment Plans

If you sign up for a payment plan, you will be required to self-select your package (Basic, Pro or Premium) (together, your"Payment Plan") from the options posted on https://forms.app/en/pricing page. Each Payment Plan offers different pricing and feature options and has varying usage limits. Once you select your Payment Plan, forms.app will never automatically upgrade or downgrade your Payment Plan. You will always have the option to upgrade to a higher tier at any time. If you sign up for a Monthly Payment Plan and if you upgrade during a billing cycle, your monthly charge for that billing cycle will be calculated based on the number of days in that billing cycle during which you were at each of the lower tier and the higher tier (including any applicable additional charges for the higher tier). You will also have the option to downgrade to a lower tier at any time, but if you elect to downgrade during a billing cycle, your downgrade will not be effective until the end of that billing cycle, and you will still be charged for that entire billing cycle at the higher tier (including any applicable additional charges for the higher tier).

When you sign up for a Monthly Payment Plan, you agree to monthly recurring billing, starting on the date you sign up. Billing occurs on the same day each month, based on the date that you first started paying for any recurring monthly plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment. If any part of a month is included in the Terms, then payment is required for the full month. Billing for Payment Plans may be paused, and you may choose to close or downgrade your account permanently at any time.

When you sign up for a Yearly Payment Plan, you agree to billing all of your annual payment. The payment must be done by accepting the Terms.

9. Renewal and Cancellation

Both you sign up for a Monthly and Yearly Payment Plans, you will be billed in advance on a recurring, periodic basis. Your forms.app subscription will automatically renew at the end of each billing cycle until you cancel your forms.app subscription by selecting the free plan on your account. You can also cancel your subscription by submitting a request to our supporting Team. If you downgrade, your account will remain at your current plan through the end of your current billing cycle.

10. Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, except for sales taxes as we may be required to add under local law. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Services.

11. Changes

We may change any of our fees, including our charges for Monthly and Yearly Payment Plans at any time by posting a new pricing structure to the Site or the App or in your account and/or sending you a notification by email.

12. Credit Cards

If you have elected to pay by credit card, you warrant that the credit card information you provide is correct and that you will promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, forms.app may suspend or cancel your subscription.

IV. Rights

13. Feedback and Proprietary Rights

We own all proprietary rights in the Services, including, but not limited to, patents, trademarks, Services marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Services.

You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to forms.app in the course of using the Services or which forms.app otherwise retrieves or accesses at your direction or with your permission. Subject to these Terms, you grant us permission to use or disclose your content (including any personal information therein) only as necessary to provide the Services to you and/or as otherwise permitted by these Terms, including as further provided under our Privacy Policy. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your content to the Services and to grant the rights granted to us in these Terms and (ii) your content and its submission and use as you authorize in these Terms will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your content.

You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback") regarding the Services. If you provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Services or to develop new features and Services.

14. Right to Review Content, Forms and Replies

We may view, copy, and internally distribute content from your forms, your Third-Party Integrations (as defined below) and your account to create algorithms and programs (“Tools") that help us spot problem accounts and improve the Services, among other uses permitted by these Terms or our Privacy Policy. For instance, we use these tools to find Members who violate these Terms or applicable laws and to study data internally to make the Services smarter and create better experiences for Members and their contacts. We may aggregate and anonymize data, including data from the content of your forms, responses and Third-Party Integrations to create statistical information. We own all such aggregated and anonymized data and may use it, including, but not limited to, operating, analyzing, improving, or marketing our products and Services and sharing such data externally for research, marketing, or other lawful purposes.

V. Rules and Abuse

15. General Rules

• a. forms.app doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send a form or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:

• A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
• Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
• Frauds and Invasions. This means that you will at all times use the Services consistent with all applicable laws and regulations, not violating any law, legal right or protection, regulation, legal prohibition, privacy right, or intellectual property right. This includes but is not limited to laws and regulations pertaining to email solicitation, spam, financial and monetary schemes, phishing, computer fraud, computer crimes, unauthorized collection or use of data of any kind including but not limited to data that is protected by law, fraud, deception, invasion of privacy, defamation, discrimination, harassment, terrorism, and the like. You may also not use forms or links to the forms for the purpose of promoting products or Services on third-party platforms, social media, or websites where such use violates the party’s terms of use or user or community guidelines or where it consists of or constitutes any form of spamming or other unwanted solicitation. You may not use the forms.app to collect, use, or disclose personal information protected from any of these activities under privacy laws. You further agree to not use the Services to collect, use, or disclose credit card information or any type of login credentials. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.

• b. We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

• an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, A Threat of Physical Harm or Frauds and Invasions,
• a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content, A Threat of Physical Harm or Frauds and Invasions,
• a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, A Threat of Physical Harm or Frauds and Invasions.

forms.app also does not allow the distribution of content that is, in our sole discretion, materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.

You agree that forms.app may temporarily or permanently disable your access to the Services if we have a good faith belief that you have used the Services in violation of law or of any person’s legal rights. If you violate any of these rules, then we may issue a warning to, suspend, or terminate your account.

16. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a forms.app Member and if you think anyone has created forms or contents or replied that violates any protected marks or copyrights, please report it here.

17. Compliance with Laws

You agree, represent, and warrant to forms.app that:

• You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (a) satisfies the requirements of applicable Data Protection Laws, (b) describes your use of the Services, and (c) includes a link to our Privacy Policy.
• You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to forms.app and to enable such data to be lawfully collected, processed, and shared by forms.app for the purposes of providing the Services or as otherwise directed by you.
• You will comply with all laws and regulations applicable to the responders sent through the Services, including those relating to (a) acquiring consents (where required) to lawfully send responders, (b) the Content of Members,
• You will provide all notices and obtain all necessary consents required by applicable Data Protection Laws to enable forms.app to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with and as described in our Cookie Policy.
• To the extent forms.app processes your content protected by Data Protection Laws as a processor on your behalf (all as defined in the DPA), you and us shall be subject to and comply with the Forms.app Data Processing Agreement ("DPA"), which is incorporated into and forms an integral part of these Terms. The DPA sets out our obligations with respect to data protection and security when processing your content on your behalf in connection with the Services.

VI. Liability

18. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Services, including any downloads from the Site; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, the total liability of forms.app and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Services the preceding month.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Services in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

19. No Warranties

Except as expressly stated in these Terms, the Services is provided as-is and we don’t provide warranties, conditions, or undertakings of any kind in relation to the Services, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Services, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Services for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

20. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with any claims you make that aren’t allowed under these Terms due to a"Limitation of Liability" or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your content, forms or responses, (ii) your use of the Services, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any terms of the Agreement, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

21. Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

22. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

23. Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or Services for use in connection with the Services (each, a"Third-Party Integration"). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.

VII. Other Important Stuff

24. Modifications and Updates

Due to the constant updates and changes made by the forms.app to improve the Services and ensure that you can use them in a seamless way and that the Services can interoperate with third-party platforms, we may add, alter, or remove functionalities from a Service at any time. Moreover, the forms.app may implement any updates to the Services (including security updates) which will be applicable to some or all users collectively at any time. Any modifications implemented hereunder will be applied for free.

25. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Services, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet Services providers.

26. Survivability

Even if the Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

27. Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

28. Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

29. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group.

30. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Site or App. Please note that, for purposes of providing notice, we may use any email or physical address within your account, including contact information associated with an account’s primary contact, billing contact, owner profile, or any other profile or seat associated with the account. Any notice to us will be effective when delivered to us along with a copy to our address: Lasnamäe tn 4b-26, 11412 Harju, Tallinn / Estonia, or any addresses as we may later post on the Site or the App.

31. Choice of Law

Estonia laws will govern all disputes arising out of or relating to the Services and the Agreement, regardless of conflict of laws rules.

32. Support, Contact and Complaints

You can contact us in case you have any doubts, comments or concerns by our contact form.

Last updated on July 2022