Terms of Use

ARCHIVED 2023-10-10, DATE APPROXIMATE · VERSION 20231010_rev01 · COMPARED WITH 20230913_rev01

Full text changes — 20230913_rev01 to 20231010_rev01

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

+These Terms of Use ("Terms") apply to all Starter, Bronze, Silver, and Gold [users](https://www.jotform.com/pricing/) of the Jotform form-building platform (the "Platform"). As used in these Terms, "You" and "you" includes all Platform users, whether the person is acting on their own behalf, or on behalf of or as part of a company or other entity.
+These Terms of Use ("Terms") apply to all Starter, Bronze, Silver, and Gold [users](https://www.jotform.com/pricing/) of the Jotform form-building platform (the "Platform"), and to all parties who visit the Jotform website ("Website") at www.jotform.com. As used in these Terms, "You" and "you" includes all such parties, whether they are acting on their own behalf, or on behalf of or as part of a company or other entity.
+By using the Platform, you are representing and affirming that you have read, understand, and agreed that you are bound by these Terms, and of legal age to accept and agree to these Terms. If you do not agree to these Terms, you are not permitted to use the Jotform Platform.
+By visiting the Website or using the Platform, you are representing and affirming that you have read, understand, and agreed that you are bound by these Terms, and of legal age to accept and agree to these Terms. If you do not agree to these Terms, you are not permitted to use the Jotform Platform.
 The terms "we", "us" and "our" used below refer to Jotform.
 If you are an enterprise user or you obtained a subscription or right to use the Platform from a third party authorized to do so by Jotform, these terms do not apply to you.
 ## **1\. Who May Use the Platform / Subscriptions**
 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.
+EXCEPT IF AND TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR (A) 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, OR (B) ANY FORM OF STATUTORY DAMAGES IN THE ABSENCE OF YOU SUFFERING DIRECT MONETARY DAMAGES AS A RESULT OF A PROVEN VIOLATION OF LAW BY JOTFORM.
 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.
 ## **12\. Other Provisions**
 **A. Modifications To the Platform.** Jotform reserves the right to modify the Platform, and to stop offering the Platform, with or without notice to you. We always endeavor to improve the Platform, but we do not warrant or guarantee that any particular features or functionality will always be available during the term of your use of the Platform. Jotform shall not be liable to you or any third party for any such modifications or changes.
 **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.
 Sections 2, 3, and 5-12 of these Terms shall survive and continue to apply notwithstanding a termination or expiration of your subscription or your access or use of the Platform.
 **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.
+**U. Privacy / Tracking.** By visiting the Website and/or using the Platform, you acknowledge that, as stated in our Privacy Policy at [www.jotform.com/privacy](https://www.jotform.com/privacy), and in our Cookie Policy at [www.jotform.com/cookie-policy/](https://www.jotform.com/cookie-policy/), we use tracking cookies and similar technologies to better understand visitor and user behavior, and you waive any and all claims against us arising out of our use of those technologies.
 ## **Questions**
 If you have any questions about this terms of use, please feel free to [contact us](https://www.jotform.com/contact/).
+Last Update: Sep 08, 2023
+Last Update: Sep 29, 2023