Terms of Service

Formasty is a software platform that helps individuals and businesses create forms, collect responses, manage workflows, automate processes, and connect with third-party tools.

In these Terms, "Formasty," "we," "us," and "our" refer to Formasty.

You may use the Services only if you can legally form a binding contract under applicable law. If you are using the Services on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

If you are under the age required to enter into a binding agreement in your jurisdiction, you may only use the Services with appropriate permission from a parent, guardian, or authorized representative, where legally permitted.

To use certain features, you may need to create an account. You agree to:

• provide accurate and complete information,
• keep your login credentials secure,
• promptly update account information when it changes,
• be responsible for all activity under your account.

You must notify us promptly if you believe your account has been accessed without authorization.

Subject to these Terms, Formasty grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business or personal use.

You agree not to:

• use the Services for unlawful, harmful, fraudulent, or misleading purposes,
• interfere with or disrupt the Services or servers,
• attempt to gain unauthorized access to any system or account,
• reverse engineer, copy, resell, or exploit the Services except as allowed by law,
• use the Services to transmit malware, spam, or malicious code,
• use the Services to collect or process data in violation of applicable privacy or data protection laws,
• bypass usage limits, billing mechanisms, or security protections.

"Customer Content" means any data, text, files, submissions, form responses, workflows, attachments, or other materials that you or your users upload, submit, create, or process through the Services.

You retain ownership of your Customer Content. These Terms do not give Formasty ownership of your Customer Content.

You grant Formasty a limited, worldwide license to host, store, process, transmit, reproduce, and display Customer Content only as necessary to:

• provide and operate the Services,
• maintain security and functionality,
• respond to support requests,
• comply with legal obligations,
• enforce these Terms.

You are solely responsible for:

• your Customer Content,
• the forms you publish,
• the legality of the data you collect,
• obtaining any necessary consents, notices, or permissions,
• your use of Customer Content with workflows, automations, and integrations.

You may not use Formasty to create, collect, store, or distribute content that:

• violates any law or regulation,
• infringes intellectual property or privacy rights,
• is fraudulent, defamatory, abusive, or deceptive,
• contains malicious code, phishing content, or spam,
• promotes illegal activity.

We may suspend or remove content, forms, or accounts that violate these Terms or create risk to Formasty, its users, or others.

Your use of the Services is also governed by our Privacy Policy. If you use Formasty to collect personal information from others, you are responsible for providing appropriate notices and complying with applicable privacy laws.

Where Formasty processes personal data on your behalf, you remain the controller for that respondent data and Formasty acts as your processor under the applicable service terms and Data Processing Agreement.

You may not use Formasty by default to collect special-category or other high-risk personal data unless Formasty has expressly agreed to support that processing path in writing.

The Services may allow you to connect with third-party tools, websites, or services. Your use of third-party services is governed by their own terms and policies.

Formasty is not responsible for third-party products, integrations, content, availability, or security practices. We are not liable for losses caused by third-party services you choose to connect.

Some features of Formasty may require payment. If you subscribe to a paid plan, you agree to pay all applicable fees, taxes, and charges associated with your account.

Unless otherwise stated:

• fees are billed in advance,
• subscriptions renew automatically until canceled,
• you authorize us or our payment processor to charge your payment method on a recurring basis,
• you are responsible for any applicable taxes except taxes based on our income.

If payment cannot be completed, we may suspend or downgrade your access to paid features.

You may cancel your subscription at any time. Unless otherwise stated in writing:

• cancellations take effect at the end of the current billing period,
• fees already paid are non-refundable,
• downgrades may result in reduced feature access,
• we may delete or limit access to certain features or data associated with inactive or downgraded accounts, subject to applicable law and our retention practices.

Formasty and its Services, including all software, design, branding, logos, interfaces, text, graphics, and underlying technology, are owned by or licensed to Formasty and are protected by intellectual property laws.

Except for the limited rights expressly granted in these Terms, no rights are granted to you. You may not use Formasty's name, logo, or branding without prior written permission.

If you provide feedback, suggestions, or ideas about Formasty, you agree that we may use them without restriction or compensation to you, and without any obligation to keep them confidential.

We may modify, update, suspend, or discontinue all or part of the Services at any time, with or without notice.

We do not guarantee that the Services will always be available, uninterrupted, secure, or error-free. We may perform maintenance, release updates, or make product changes that affect features and functionality.

We may offer beta, preview, or early-access features. These features may be incomplete, changed, or discontinued at any time and may be offered "as is" without any warranties or service commitments.

We may suspend or terminate your access to the Services if:

• you violate these Terms,
• you fail to pay applicable fees,
• your use creates legal, operational, or security risk,
• we are required to do so by law.

You may stop using the Services at any time.

Upon termination, your right to use the Services will end immediately. Sections that by their nature should survive termination will continue to apply, including sections relating to ownership, payment obligations, disclaimers, limitations of liability, indemnity, and dispute resolution.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMASTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,
• THE SERVICES WILL MEET YOUR REQUIREMENTS,
• DATA WILL ALWAYS BE ACCURATE, SECURE, OR AVAILABLE,
• DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMASTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMASTY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO FORMASTY IN THE 12 MONTHS BEFORE THE CLAIM, OR
• USD $100.

Some jurisdictions do not allow certain liability limitations, so parts of this section may not apply to you.

You agree to defend, indemnify, and hold harmless Formasty and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

• your Customer Content,
• your use of the Services,
• your violation of these Terms,
• your violation of any law or the rights of a third party.

These Terms are governed by the laws of the jurisdiction where Formasty is established, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms or the Services will be resolved in the courts located in the jurisdiction where Formasty is established, unless applicable law requires otherwise.

We may update these Terms from time to time. If we make material changes, we may provide notice through the Services, by email, or by updating the date at the top of this page.

Your continued use of the Services after updated Terms become effective means you accept the revised Terms.

• These Terms, together with our Privacy Policy and any additional terms that apply to specific features, form the entire agreement between you and Formasty regarding the Services.
• If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• Our failure to enforce any provision of these Terms is not a waiver of that provision.
• You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.