Terms of Service

Overview

By using the FormKeep.com web site (the "Site"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Additional Data Processing Addendum terms are described at: https://formkeep.com/dpa

FormKeep.com ("FormKeep") provides online form creation, storage and team notification features. The Site provides form templates, user friendly guides, website code, and back-end notification features, including options for integrating forms into existing websites and tools for delineating required information within forms (the "Service").

FormKeep reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the Site, including the release of new tools and resources relating to the Service, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. FormKeep makes no representation or warranty that any information provided, regardless of its source (the "Content"), is accurate, complete, reliable, current, or error-free. You can review the most current version of the Terms of Service at any time at: https://formkeep.com/terms

Violation of any of the terms below will result in the termination of your Account. While FormKeep prohibits illegal conduct and Content on the Site, you understand and agree that FormKeep cannot be responsible for the Content posted on the Site and you nonetheless may be exposed to such materials. You agree to use the Site and Service at your own risk.

Account Terms

You must be 13 years or older to use this Site and Service. You may use our Service only if you can form a binding contract with FormKeep, and only in compliance with these Terms and all applicable laws. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

You must provide a valid, accurate email address and any other information requested in order to complete the signup process.

You are responsible for maintaining the security of your account and password. FormKeep cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your account.

One person or legal entity may not maintain more than one free account.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

Customers may access their FormKeep account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses FormKeep, is bound by the terms of this agreement plus the following specific terms:

  • You expressly understand and agree that FormKeep shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FormKeep has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. Further limitations and clarifications of FormKeep's liability are found below in the sections titled "WARRANTY DISCLAIMERS" AND "LIMITATION OF LIABILITY."
  • Abusive or excessively frequent requests to FormKeep via the API may result in the temporary or permanent suspension of your account's access to the API. FormKeep, in its sole discretion, will determine abuse or excessive usage of the API. FormKeep will make a reasonable attempt via email to warn the account owner prior to suspension.
  • FormKeep reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading and Downgrading Terms

All paid plans must enter a valid credit card. Free accounts are not required to provide credit card details.

An upgrade from the free plan to any paying plan will immediately bill you.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. FormKeep does not accept any liability for such loss. For more information about liability limitations, see our sections below titled "Warranty Disclaimer" and "Limitation of Liability".

Cancellation and Termination

FormKeep, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other FormKeep service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. FormKeep reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

FormKeep reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30-day's notice from us. Such notice may be provided at any time by posting the changes to the FormKeep Site (https://formkeep.com/terms) or the Service itself.

FormKeep shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright, Intellectual Property Rights and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

FormKeep does not pre-screen Content, but FormKeep and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from FormKeep. You may not use the FormKeep name without express written permission from FormKeep.

FormKeep respects the intellectual property of others and asks that users of our Services do the same. FormKeep is not responsible for content on other web sites that you may find or access when using FormKeep products or Services. Content available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. With respect to your use of such content, the terms of use of those web sites, and not the FormKeep Terms of Service, govern.

Digital Millennium Copyright Act Notice

It is FormKeep's policy, in appropriate circumstances and at its sole discretion, to disable and/or terminate the accounts of users of the Site who may infringe the copyrights or other intellectual property rights of FormKeep and/or others. Pursuant to 17 USC Section 512 as amended by Title II of the Digital Millennium Copyright Act, FormKeep has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed, please send a notice to our designated agent (information below).

The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. 512(c)(3)(A), which provides:

To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement. Our DMCA Registered Agent is:

Attn: Copyright Agent
FormKeep
1050 North Point St., Suite 708
San Francisco, CA 94109
Email: support@formkeep.com

General Conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

Technical support is only provided to paying account holders and is only available via email.

You understand that FormKeep uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, FormKeep, or any other FormKeep service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by FormKeep.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any FormKeep customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by FormKeep) of other FormKeep customers, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.

The failure of FormKeep to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and FormKeep and govern your use of the Service, superseding any prior agreements between you and FormKeep (including, but not limited to, any prior versions of the Terms of Service).

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FORMKEEP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FORMKEEP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. FORMKEEP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FORMKEEP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, FORMKEEP IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF FORMKEEP HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FORMKEEP'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM FORMKEEP, AND IF NO PURCHASE HAS BEEN MADE BY YOU, FORMKEEP'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Contact

Questions about the Terms of Service should be sent to support@formkeep.com.