Terms of Use

DATED 2021-03-08 · VERSION 20210504_rev01 · COMPARED WITH 20210301_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20210301_rev01 to 20210504_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 ## Terms of Use
+Last Updated: **December 23, 2020**
+Last Updated: **March 8, 2021**
 **Please read this Agreement carefully to ensure you understand each provision.**
 These Terms of Use apply to all users of the JotForm Service. Please note that if you have executed a separate written agreement with JotForm Inc. or JotForm LTD, regarding your use of certain JotForm Services, that agreement and not these Terms of Use applies to those JotForm Services. For example, if you have purchased JotForm Enterprise under the JotForm Enterprise Terms of Use ("Software License Agreement"), then your use will remain covered by such terms.
 These Terms of Service ("Terms") govern your use of JotForm Inc. ("Company", JotForm) web site located at https://www.jotform.com (the "Site") and the services that are made available through the Site (collectively, the "JotForm Service"). Please read these Terms carefully. By using the JotForm Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the JotForm Service.
 **Your Account Terms.** You may not access the JotForm Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current JotForm Plan allows. The sharing of your JotForm Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User's account, username and password and you are responsible to ensure that each User associated with your JotForm Account complies with these Terms. JotForm is not liable for any loss or damage from your (or your Users') failure to comply with these Terms. You are solely responsible for all Data posted to your account and all activity that occurs under your JotForm account (even when Data is posted by others who have accounts under your Account). You may not use the JotForm Service for any illegal or unauthorized purpose as described in the Terms of Use.
 If you are a JotForm Enterprise User, please see your Account Terms as included in the JotForm Enterprise Terms of Use.
 **Forms and Submissions.** JotForm does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the JotForm Service ("Forms and Submissions"). As between JotForm and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report "public", you grant JotForm Inc. a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. JotForm Inc. does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.
+**Automatic Renewal.** Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your JotForm subscription will automatically renew at the end of each billing cycle until you cancel your JotForm subscription by selecting the starter plan on the [billing page](https://www.jotform.com/myaccount/billing). You can also cancel by emailing the JotForm Support Team at [support@jotform.com](mailto:support@jotform.com). When you downgrade, your account will remain at your current plan through the end of your current billing cycle.
+**Automatic Renewal.** Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your JotForm subscription will automatically renew at the end of each billing cycle until you cancel your JotForm subscription by selecting the starter plan on the [billing page](https://www.jotform.com/myaccount/billing). You can also cancel your JotForm subscription by submitting a request to [JotForm Support Team](https://www.jotform.com/contact/). When you downgrade, your account will remain at your current plan through the end of your current billing cycle.
 **Credit card details.** If you have elected to pay the fees for a JotForm Inc. subscription by credit card, you warrant that the credit card information you provide is correct and you shall 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, JotForm may suspend or cancel your JotForm subscription.
 **Downgrades.** Downgrading your JotForm Inc. account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, JotForm Inc. does not accept any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data.
 **Cancellation.** Paid plans are subscriptions that auto-renew by default. You can cancel auto-renew at any time to cancel your subscription. To cancel your JotForm subscription at any time, go to the Billing section of your account, and downgrade your account to the free Starter plan. If you're logged into your account, you can simply click Downgrade below the Starter option on the pricing page. You can delete your account entirely by clicking Delete My Account on your Account Settings page. Canceling auto-renew prevents your payment method from being charged at your next billing date, or if you pay by invoice, prevents your next invoice from being issued. Your current subscription (the time you already paid for) isn't affected, so you'll continue to be able to access and benefit from paid features until the plan downgrades on your next billing date.
+**30 Day Money Back Policy.** If for any reason you decide to cancel your account within 30 days of your payment, you will be issued a refund for the full amount. If you purchased your JotForm subscription through the JotForm website or Google Play, please email the JotForm Support Team ([support@jotform.com](mailto:support@jotform.com)) to request your refund.
+**30 Day Money Back Policy.** If for any reason you decide to cancel your account within 30 days of your payment, you will be issued a refund for the full amount. If you purchased your JotForm subscription through the JotForm website or Google Play, please submit a refund request to [JotForm Support Team](https://www.jotform.com/contact/).
 Subscriptions purchased via the Apple App Store are subject to the Apple App Store refund policies and JotForm cannot refund your payment. To request a refund, please review Apple's refund process: [https://support.apple.com/HT204084](https://support.apple.com/HT204084).
 **Spam.** You agree that JotForm, Inc. may terminate your JotForm Service immediately if a form created or JotForm, Inc. is found to be used inside an unsolicited email.
 **Scams**. You agree that you will not use the JotForm Service or any form(s) you create using the JotForm Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a JotForm form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
 **Exclusions And Limitations.** Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that JotForm Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of JotForm Inc. liability shall be the minimum permitted under such applicable law.
 **Indemnification.** You agree to indemnify, defend, and hold harmless JotForm Inc., its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the JotForm Service, (b) your (or anyone using your account's) use of the JotForm Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.
 **Contracting Entity.** If you are located in the United Kingdom ("UK"), the contracting JotForm entity is JotForm LTD; and if you are located in a region outside of the UK, the JotForm entity is JotForm Inc.. For any Service provided by JotForm Inc., references to "JotForm", "we", "us", and "our" are references to JotForm Inc., located at 111 Pine St., Suite 1815, San Francisco, CA 94111, United States of America. For any Service provided by JotForm LTD, references to "JotForm", "we", "us", and "our" are references to JotForm LTD, located at Unit Da2 Sutherland House, 43 Sutherland Road, London E17 6BU, United Kingdom with company number 12668839.
+**Miscellaneous.** These Terms constitute the entire and exclusive and final statement of the agreement between you and JotForm with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and JotForm with respect to the subject matter hereof. These Terms and the relationship between you and JotForm Inc shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the JotForm Service shall be brought in the Federal or State courts located in California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of JotForm Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of JotForm Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the JotForm Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the JotForm Service.
+**Miscellaneous.** These Terms constitute the entire and exclusive and final statement of the agreement between you and JotForm with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and JotForm with respect to the subject matter hereof.
+If you are located in the UK, these Terms and the relationship between you and JotForm LTD. shall be governed by the laws of the UK as applied to agreements made, entered into, and performed entirely in the UK by the UK residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the JotForm Service shall be brought in the courts located in the UK, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
+If you are located in a region outside of the UK, these Terms and the relationship between you and JotForm Inc shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the JotForm Service shall be brought in the Federal or State courts located in California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
+The failure of JotForm to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of JotForm and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the JotForm Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the JotForm Service.
 **Third Party Vendors.** The User may order or use services through the JotForm Service from third parties not affiliated with JotForm Inc. ( "Third Party Vendors"). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the JotForm Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.
 All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. JotForm makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider JotForm Inc., nor will JotForm Inc. be construed, as a party to, or a third party beneficiary of, such transactions, whether or not JotForm Inc. may have received revenue or other remuneration in connection with the transaction. JotForm Inc. will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.
 **Privacy Policy.** By using JotForm Services you indicate acceptance of these terms and agree to our Privacy Policy.