Terms of Use

ARCHIVED 2023-09-13, DATE APPROXIMATE · VERSION 20230913_rev01 · COMPARED WITH 20230501_rev01

Full text changes — 20230501_rev01 to 20230913_rev01

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

 - Email solicitation, Mass Emailing, Spamming, Phishing, and the like
 - Violating anyone's privacy rights
 - Financial/monetary fraud or schemes
 - Computer fraud or other computer crimes
 - Defamation, discrimination, or harassment
+- Funding or facilitating any criminal or other illegal activities
+- Funding, encouraging, or facilitating any criminal or other illegal activities
+- Promoting, encouraging, or requesting any form of violence or harm to anyone
 - Collecting any of the following: credit card information, highly-sensitive information such as log-in credentials for other sites or platforms
+- Forms that include fields for the submitter to provide the personal information of any third party where the submitter does not have the permission of the third party to provide such information
 - Promoting products or services on social media platforms or other websites where such actions violate the terms of use or community guidelines of such platforms or websites
 - Including a third party's copyrighted or trademarked content or trade secrets in your form(s) without that party's permission
 - Including violent, pornographic, or sexually explicit content in your form(s), as determined solely in our discretion
 - Any other activity prohibited under these Terms or under applicable law
+You agree that we have the absolute and unconditional right to remove any form that we believe is being or has been used or offered in connection with any of the above prohibited purposes or activities.
+You agree that we have the absolute and unconditional right to remove any form that we believe is being or has been used or offered in connection with any of the above prohibited purposes or activities, or that we believe may be construed by others as doing any of these things. In cases where we remove a form, we may at our sole discretion also disable your access to any past or future submissions to such forms.
 You and your agents hereby forever release Jotform from any and all responsibility for any and all wrongs and violations of our terms or of the law committed by you relating to your use of the Platform.
 You agree not to reproduce, duplicate, reverse engineer, copy, sell, resell, or exploit for any commercial purposes the Platform or any portion thereof or the offer or sell the right to use the Platform.
 ## **3\. Forms and Submissions**
 **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 any of the following countries or territories, (i) 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; and (ii) the laws of Australia apply to you.
+**R**. **Contracting Entity / Court Jurisdiction**. If you are located in any of the following countries or territories, (i) 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, Johnston Island, Kingman Reef, Midway, Palmyra, Wake Island; and (ii) the laws of Australia apply to you.
+If you are located in any of the following countries or territories, (i) 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; and (ii) the laws of Canada, and of the province in which you reside, apply to you.
+If you are located in any of the following countries or territories, (i) 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; and (ii) the laws of Canada, and of the province in which you reside, apply to you.
 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, and the laws of California, United States, apply to you.
 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, and the laws of the United Kingdom and Wales apply to you.
 In these terms, references to "Jotform", "we", "us", and "our" are references to the applicable Jotform contracting entity, as set forth above.
 **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: Apr 26, 2023
+Last Update: Sep 08, 2023