These Terms of Service (the “Terms”) form a legally binding agreement between you and Formai (“Formai”, “we”, “us”, or “our”) governing your access to and use of the Formaiwebsite, applications, APIs, and related services (collectively, the “Service”). Please read them carefully. If you do not agree to these Terms, do not use the Service.
1. Agreement to terms
By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.
2. Account registration
You must be at least 16 years old (or the age of digital consent in your jurisdiction, whichever is higher) to create an account. You agree to provide accurate registration details, to keep them up to date, and to keep your credentials confidential. You are responsible for all activity that occurs under your account, whether or not you authorised it. Notify us promptly at legal@formai.app if you suspect unauthorised access.
3. The Service
Formaiprovides tools to design, publish, and collect responses to web forms, including AI-assisted form generation, templates, integrations, and analytics. We may add, modify, suspend, or discontinue any feature of the Service at any time. Where a change materially reduces the Service's functionality for a paid plan, we will notify you and offer a pro-rated refund of pre-paid fees for the affected period.
4. Subscriptions and billing
The Service is offered on free and paid subscription tiers. Paid subscriptions are billed in advance on a monthly or annual basis and renew automatically at the end of each billing period unless cancelled before renewal. Pricing and plan limits are described on the pricing page at the time of purchase and may change with 30 days' notice for subsequent renewal terms.
Payments are processed by Stripe. By providing payment details, you authorise us, through Stripe, to charge the applicable fees and any taxes. If a payment fails, we may suspend the paid features of your account until payment is received.
All fees are exclusive of taxes, levies, and duties imposed by taxing authorities, which you are responsible for paying except for taxes on our net income.
5. Refunds and cancellations
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the then current billing period; you retain access to paid features until then. Except where required by law, fees already paid are non-refundable. If you believe you have been charged in error, contact legal@formai.app within 14 days of the charge and we will investigate.
6. Acceptable use
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party right;
- Collect personal data unlawfully or without an appropriate legal basis;
- Send unsolicited bulk communications, phishing attempts, or fraudulent surveys;
- Host or distribute malware, exploit code, or content that infringes intellectual property rights;
- Publish content that is obscene, harassing, defamatory, or otherwise harmful, or that targets minors;
- Probe, scan, or test the vulnerability of any system without authorisation;
- Circumvent rate limits, plan quotas, or access controls; or
- Resell, sublicense, or white-label the Service without our written agreement.
We may investigate suspected violations and take any action we believe is appropriate, including removing content, suspending accounts, or notifying authorities.
7. Your content
You retain all rights in the forms, content, and submission data you create, upload, or collect through the Service (“Your Content”). You grant Formai a worldwide, royalty-free, non-exclusive licence to host, store, transmit, display, and process Your Content solely as necessary to provide and improve the Service and to comply with law.
You represent and warrant that you have all rights, consents, and authorisations required to upload Your Content and to collect any personal data submitted through your forms, and that Your Content does not violate these Terms or any third-party rights.
8. AI features
Some features use large language models supplied by third parties (currently Anthropic) to generate form structures from your natural-language prompts. AI output may contain inaccuracies, omissions, or unexpected results. You are responsible for reviewing all generated content before publishing it and for any decisions you make based on it. We do not use respondent submission data to train AI models, and our AI provider does not train its models on API content sent through the Service.
Free plans include a limited monthly AI generation allowance. Excess use may require a paid plan.
9. Third-party services
The Service relies on third-party providers including, without limitation, Supabase (hosting, database, authentication), Stripe (payments), Anthropic (AI), Resend (email), and Vercel (hosting and CDN). Your use of those providers may be subject to their own terms. We are not responsible for third-party services that you connect to your account (e.g. Slack, webhooks, Google Sheets, Notion).
10. Intellectual property
The Service, including all software, design, text, graphics, and trademarks, is owned by Formai or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-transferable, non-exclusive, revocable licence to access and use the Service for your internal business purposes.
You may not copy, modify, reverse engineer, or create derivative works of the Service or our software, except to the extent expressly permitted by applicable law.
11. Privacy and data protection
Our Privacy Policy describes how we handle personal data. Where you collect personal data from respondents through a form, you act as the data controller and Formai acts as your processor. You are responsible for providing respondents with appropriate notice, choices, and lawful basis. On request, we will execute a Data Processing Addendum (DPA) incorporating the EU Standard Contractual Clauses.
12. Suspension and termination
We may suspend or terminate your account immediately if (a) you materially breach these Terms, (b) your use threatens the security or integrity of the Service or our other customers, (c) we are required to do so by law, or (d) your account is inactive for more than 12 months on a free plan. We will give reasonable prior notice where practical.
You may terminate at any time by deleting your account. Upon termination, your right to access the Service ceases and we will delete your data in accordance with our Privacy Policy. Sections that by their nature should survive termination (e.g. fees owed, intellectual property, disclaimers, limitations of liability, indemnification, and governing law) will survive.
13. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FORMAI, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER OR NOT FORESEEABLE AND WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY OR (B) US$100. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless Formai and its affiliates, officers, employees, and agents from any claim, loss, liability, damage, or expense (including reasonable legal fees) arising out of (a) Your Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of any third-party right, including any privacy or intellectual property right.
16. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The courts located in Delaware will have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer resident in the EEA or UK, you may also bring proceedings in the courts of your country of residence and benefit from mandatory local consumer protections.
17. Changes to these terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or a notice in the dashboard at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
