Terms of Service

1. Introduction

Welcome to Formably ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, mobile applications, and services (collectively, the "Service") operated by Formably.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Acceptance of Terms

By using our Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

3. Service Description

Formably provides an AI-powered form building platform that allows users to create, customize, and manage forms and surveys. Our Service includes but is not limited to:

• Form creation and customization tools
• AI-powered form generation
• Response collection and management
• Analytics and reporting features
• Integration with third-party services
• Email notifications and automation

4. User Accounts and Security

Account Creation: You may be required to create an account to access certain features of our Service. You are responsible for providing accurate, current, and complete information during registration.

Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must:

• Use strong, unique passwords
• Never share your account credentials with others
• Immediately notify us of any unauthorized use of your account
• Log out of your account when using shared devices

No Security Guarantee: While we implement reasonable security measures, no online service is 100% secure. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use the Service for spam, phishing, or other malicious activities
• Collect personal information without proper consent
• Violate any third-party terms of service

6. Data Collection and Privacy

Information We Collect: We collect the following information for functional purposes:

• Name and email address for account creation and communication
• Business name and logo for branding and customization
• Form responses and analytics data
• Usage data to improve our Service
• Technical information for security and performance

Privacy Policy: Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7. Intellectual Property

Our Rights: The Service and its original content, features, and functionality are owned by Formably and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content: You retain ownership of any content you create using our Service. By using our Service, you grant us a limited license to host, display, and process your content solely for the purpose of providing the Service.

8. Payment Terms

Subscription Plans: We offer various subscription plans with different features and pricing. All prices are subject to change with 30 days' notice.

Billing: Subscriptions are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees associated with your account.

Cancellation: You may cancel your subscription at any time. No refunds will be provided for partial months or unused portions of annual plans.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMABLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or other harmful code that may be transmitted through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service
• Any form responses that are lost, corrupted, or not delivered
• Any issues arising from third-party integrations or services

IN NO EVENT SHALL FORMABLY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO FORMABLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FORMABLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected
• Warranties regarding the accuracy, reliability, or completeness of any content

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORMABLY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Formably and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you create or transmit through the Service
• Your violation of any applicable laws or regulations

12. Termination

Termination by You: You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

Termination by Us: We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Effect of Termination: Upon termination, your right to use the Service will cease immediately. We may delete your account and all associated data, though we may retain certain information as required by law or for legitimate business purposes.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Formably operates, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the courts of that jurisdiction.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

15. Contact Information

If you have any questions about these Terms of Service, please contact us at legal@formably.co