Terms of Use

ARCHIVED 2023-04-01, DATE APPROXIMATE · VERSION 20230401_rev01 · COMPARED WITH 20230301_rev01

Full text changes — 20230301_rev01 to 20230401_rev01

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

 You agree that you will defend Jotform against claims, including but not limited to lawsuits, brought by third parties against Jotform arising out of your forms or your use of the Platform or your use, collection, or disclosure of Data; this includes but is not limited to claims that arise from your violation of these Terms or of the law or of another person or entity's legal rights or of intellectual property rights such as copyright, trademark, or patent rights. You also agree to indemnify Jotform against damages and costs (including reasonable attorneys' fees and court costs) awarded by a court or other tribunal in favor of the claimant or in settlement of the claim. We will defend and indemnify you against third party lawsuits arising out of Jotform's violation of applicable law, and we reserve the right to settle such claims out of court, at our expense, without your approval.
 ## **10\. Limitation of Liability**
 EXCEPT AS IMPERMISSIBLE UNDER LAW, IN NO EVENT SHALL JOTFORM'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING WHEN THE CLAIM AROSE.
+JOTFORM ACCEPTS NO LIABILITY FOR THE ACTIONS OF ANY THIRD PARTY YOU ENGAGE OR WORK WITH TO ASSIST OR HELP YOU WITH YOUR USE OF OUR PLATFORM OR FORMS.
 ## **11\. Limitation on Types of Damages**
 EXCEPT IF AND TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST TIME, LOST BUSINESS, LOST REVENUES, REIMBURSEMENT OF MONIES PAID BY YOU TO THIRD PARTIES TO HELP YOU USE OR LEARN TO USE OR OPERATE THE PLATFORM OR TO DEAL WITH REAL OR PERCEIVED ISSUES WITH THE PLATFORM, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
 THE LIMITATIONS SET FORTH IN THIS SECTION 11 SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH CLAIMS ARE BROUGHT.
 **O. Effect of Termination**. Upon the expiration of your subscription, or termination of this Agreement for any reason, you agree to cease all access to and use of the Jotform Platform. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue the hosting of your forms and Data, and to delete Data pursuant to our internal policies.
 **P. Modifications To Terms.** Jotform may, in its sole and absolute discretion, modify these Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the Jotform Platform. Continued use of the Jotform Platform following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
 **Q**. **Links**. You acknowledge, understand, and agree that Jotform does not endorse or bear any responsibility for any third party's website, product, or service that we mention or link to on our website or in connection with the Platform.
+**R**. **Contracting Entity / Court Jurisdiction**. If you are located in the United Kingdom ("UK") or in any EU [member state](https://european-union.europa.eu/principles-countries-history/country-profiles_en), the contracting Jotform entity is Jotform Ltd, located at 3 Albert Mews, Albert Road, London, N4 3RD, UK, company number 12668839. If you are located in any of the following countries or territories, the contracting Jotform entity is Jotform Pty Ltd (Australia), located at Suite 3, 26 McDonald Street, Mortlake, NSW 2137: Afghanistan, Australia, Bangladesh, Bhutan, Brunei Darussalam, Cambodia, China, Hong Kong, China, Macao, China, Cook Islands, Democratic People's Republic of Korea, Fiji, India, Indonesia, Japan, Kiribati, Lao People's Democratic Republic, Malaysia, Maldives, Marshall Islands, Micronesia (Federated States of), Mongolia, Myanmar, Nauru, Nepal, New Zealand, Pakistan, Palau, Papua New Guinea, Philippines, Republic of Korea, Samoa, Singapore, Solomon Islands, Sri Lanka, Thailand, Timor Leste, Tonga, Tuvalu, Vanuatu, Vietnam, American Samoa, Guam, Johnston Island, Kingman Reef, Midway, Northern Mariana Islands, Palmyra, Wake Island. If you are located in Canada, the contracting Jotform entity is Jotform Canada Inc., located at 411-150 22nd St. W North, Vancouver BC V7M 3M4 Canada. If you are located in any country or territory not listed above, the contracting Jotform entity is Jotform Inc., located at 4 Embarcadero Center, Suite 780, San Francisco, CA 94111, USA. In these terms, references to "Jotform", "we", "us", and "our" are references to the applicable Jotform contracting entity, as set forth above.
+**R**. **Contracting Entity / Court Jurisdiction**. If you are located in any of the following countries or territories, the contracting Jotform entity is Jotform Pty Ltd (Australia), located at Suite 3, 26 McDonald Street, Mortlake, NSW 2137: Afghanistan, Australia, Bangladesh, Bhutan, Brunei Darussalam, Cambodia, China, Hong Kong, China, Macao, China, Cook Islands, Fiji, India, Indonesia, Japan, Kiribati, Lao People's Democratic Republic, Malaysia, Maldives, Marshall Islands, Micronesia (Federated States of), Mongolia, Myanmar, Nauru, Nepal, New Zealand, Pakistan, Palau, Papua New Guinea, Philippines, Republic of Korea, Samoa, Singapore, Solomon Islands, Sri Lanka, Thailand, Timor Leste, Tonga, Tuvalu, Vanuatu, Vietnam, American Samoa, Guam, Johnston Island, Kingman Reef, Midway, Northern Mariana Islands, Palmyra, Wake Island.
+If you are located in any of the following countries or territories, the contracting Jotform entity is Jotform Canada Inc., located at 411-150 22nd St. W North, Vancouver BC V7M 3M4 Canada: Antigua and Barbuda, Argentina, Aruba, Bahamas, Barbados, Belize, Bermuda, Bolivia, Bonaire, Sint Eustatius and Saba, Brazil, British Virgin Islands, Canada, Cayman Islands, Chile, Christmas Island, Cocos (Keeling) Islands, Colombia, Costa Rica,, Dominica, Dominican Republic, Ecuador, El Salvador, Falkland Islands (Malvinas), French Guiana, Greenland, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Martinique, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Martin, Sint Maarten, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Tokelau.
+If you are located in the United States or American Samoa, Guam, Northern Mariana Islands, Puerto Rico, or the US Virgin Islands, the contracting Jotform entity is Jotform Inc., located at 4 Embarcadero Center, Suite 780, San Francisco, CA 94111, USA.
+If you are located in any country or territory not listed above, the contracting Jotform entity is Jotform Ltd, located at 3 Albert Mews, Albert Road, London, N4 3RD, UK, company number 12668839.
+In these terms, references to "Jotform", "we", "us", and "our" are references to the applicable Jotform contracting entity, as set forth above.
 If you are located in the UK, these Terms and the relationship between you and Jotform Ltd shall be governed by the laws of England and Wales. If you are located in Canada, these Terms and the relationship between you and Jotform Canada Inc. shall be governed by and subject to the laws and jurisdiction of Canada and, as applicable, of the Canadian province of which you are a resident. If you are located in a region outside of the UK and outside of Canada, these Terms and the relationship between you and Jotform Inc shall be governed by the laws of the State of California (USA) as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence.
 Any lawsuits or other legal proceedings involving indemnification, involving requests for injunctive relief, or which held by a court of competent jurisdiction to not be subject to the arbitration provision in Section 12 of these Terms, shall be brought in the Federal or State courts located in California, and the parties hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purposes.
 **S**. **No Waiver / Headings / Survival of Terms**. 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. The section titles in these Terms are for convenience only and have no legal or contractual effect.
 **T**. **Third Party Vendors.** If, in your use of the Platform, you enable or use services or functionality from third parties not affiliated with Jotform, such as integrations, you are giving your consent to the Platform and the third party provider performing 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. Jotform makes no warranties or representations whatsoever with regard to any such services, functionality, or merchandise provided by Third Party Vendors.
 ## **Questions**
 If you have any questions about this terms of use, please feel free to [contact us](https://www.jotform.com/contact/).
+Last Update: Feb 22, 2023
+Last Update: Mar 31, 2023