Terms of Use

ARCHIVED 2024-06-01, DATE APPROXIMATE · VERSION 20240601_rev01 · COMPARED WITH 20240301_rev01

Full text changes — 20240301_rev01 to 20240601_rev01

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

 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**
+## 1\. Who May Use the Platform / Subscriptions
 Except for our free Starter version of the Jotform Platform, your right to use the Platform depends on you timely paying the required fees. Bronze, Silver and Gold users obtain a subscription to use the Platform once they pay; free/Starter users obtain no subscription but may still use the Platform. All users must comply with these terms.
 You agree to use the Platform only as permitted in these Terms.
+## **2\. Things You May Not Do Regarding the Platform**
+## 2\. Things You May Not Do Regarding the Platform
 You accept and assume sole responsibility for your use of the Platform.
 You may not share your log-in info/credentials or otherwise allow anyone else to use them to access the Platform.
 You agree that you will always comply with all applicable laws in connection with your use of the Platform. This means not violating any applicable law, legal right or protection, including but not limited to third parties' privacy rights and intellectual property rights.
+The Platform may NOT be used to, for, or in connection with any of the following, any or all of which may result in your account being temporarily suspended or permanently terminated, at our sole discretion:
+The Platform may NOT be used for, or in connection with any of the following, any or all of which may result in your account being temporarily suspended or permanently terminated, at our sole discretion:
 - 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, 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
+- Encouraging violence, bullying, or harm to others
+- Gathering, collecting, or asking for or suggesting that form submitters provide pornographic or sexually explicit content, or promoting or encouraging prostitution or other activities involving the exchange of sexual services as part of any transaction
 - 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, 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**
+## 3\. Forms and Submissions
 You accept and have sole responsibility for the forms, tables, submission pages, and other content that you create or that is generated as you use the Platform. When you make such content "public", or set your account settings to allow the content to become public, or you don't change a default setting that would allow a form, a table or other content that is generated as you use the Platform to be made public, you acknowledge and agree that the content will in fact be available to the public on our websites. By allowing such content to become public, you grant Jotform a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content on our websites. Of course, you may choose to apply settings to your account to make or keep forms private.
+## **4\. Account Creation & Security**
+## 4\. Account Creation & Security
 You must provide 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 for ensuring that each User associated with your Jotform Account complies with these Terms. You may not access the Jotform Platform through automated methods, such as using bots or computer code to call or ping the Platform or our website. If you require a multi-user plan, please [contact Jotform Enterprise](https://www.jotform.com/enterprise/contact-sales/) for assistance.
+## **5\. Payments, Renewals, etc**
+## 5\. Payments, Renewals, etc
 **A**. **Payments**. We charge sales taxes on subscriptions where we are required to do so under applicable law. No other taxes will be charged. You are responsible for payment of any and all taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties, that may be imposed on you by any governing authority in any jurisdiction in connection with your subscription.
 Jotform offers payments through third-party payment processors. By making payments to us for Jotform services, you indicate that you have reviewed these Terms and the privacy policy of the payment processor that processes your payment to us.
 If you use a credit card to pay for your Jotform subscription, you represent and warrant that the credit card information you provide is correct and that you will 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.
 **B**. **Automatic Renewal**. For subscriptions, 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 subscription or you downgrade to a free/Starter plan - see [this page](https://www.jotform.com/help/chapter-10-billing/) and the Billing section in your Account Settings. You may also send us a request to downgrade to the Starter plan [here](https://www.jotform.com/contact/). Turning off 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.
 **C**. **Upgrades/Downgrades.** Upgrading your plan, such as going from a free Starter plan to a Bronze plan, or from Bronze to Silver or Silver to Gold, will add or increase things like the included/allowed number of included forms, submissions, available space, storage, etc. Downgrading your plan will, as of your next billing date, result in a decrease of some or all of those elements and may cause you to lose forms and submissions. You can delete your account entirely by clicking "Delete My Account" on your Account Settings page.
+**D**. **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 the [Jotform Support Team](https://www.jotform.com/contact/).
+**D**. **30 Day Money Back Policy.** If for any reason you decide to cancel your account within 30 days of your payment made directly to Jotform, you are eligible for a refund - please submit your request to the [Jotform Support Team](https://www.jotform.com/contact/). If you purchased your Jotform subscription through the Google Play app or website, see [this page](https://support.google.com/googleplay/answer/2479637) for how to submit your refund request to Google.
 Subscriptions purchased via the Apple App Store are subject to the Apple App Store refund policies - Jotform cannot refund payment(s) you made to Apple. To request a refund, please review Apple's refund process: [https://support.apple.com/HT204084](https://support.apple.com/HT204084).
+## **6\. Use of Data**
+## 6\. Use of Data
 You accept and agree that you have sole responsibility for the information, data, and content (collectively "Data") you receive or collect from or in the forms that you create or use in connection with the Platform, and for what you do with that Data. You agree that Jotform is not responsible for and does not own any of that Data.
 You hereby authorize us to access, use and display Data for the purpose of and to the extent necessary to provide the Platform to you, customer support to you, to protect the Data, to protect our online and computer resources from unlawful cyberattacks, and to fulfill our legal obligations.
 See our [privacy policy](https://www.jotform.com/privacy/) for more info on how we gather, use, and disclose personal and private information to which we are given access in connection with our provision and operation of the Platform - including your personal information. We will not modify Data or your personal info, or sell or rent it to any other party.
 If you collect personal data in or from the EU or EU residents, you must use the EU Safe Forms feature of Jotform Platform.
+## **7\. Term and Termination**
+## 7\. Term and Termination
 You are permitted to use the Platform for the period of time for which you have paid us the required fees to use the Platform. You agree that we may immediately and permanently shut off your access to the Platform if you materially breach any provision of this Agreement.
+## **8\. No Warranties**
+## 8\. No Warranties
 THE SERVICES ARE PROVIDED AS-IS. JOTFORM DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
 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 for Data you collect from form submissions, whether or not you personally posted, gathered, or received the Data.
+## **9\. Indemnification**
+## 9\. Indemnification
 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**
+## 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**
+## 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 (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**
+## 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.
 **B. Email Delivery of Submissions.** When a third party submits one of Your forms, by default we will send you an email notification to the email address we have on file for you. Due to issues with the internet and your connection to it and the like, we cannot guarantee your actual receipt of such notifications. We recommend installing Jotform mobile apps for iPhone, Apple Watch, or Android, and checking your account daily to make sure You do not miss any such notifications.
 **C. Form Availability.** Jotform makes no warranty that forms provided by the Platform or that you create will be available 100% of the time or that they will be error free. You are solely responsible for any issues, problems, or damage you experience because of a mistake or error you make in connection with creating or using a form or the Platform.
 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**
+## Questions
 If you have any questions about this terms of use, please feel free to [contact us](https://www.jotform.com/contact/). For enterprise inquiries, custom plans, or any specific needs beyond the standard offerings, please [contact Jotform Enterprise](https://www.jotform.com/enterprise/contact-sales/).
+Revision November 20, 2023
+Revision May 15, 2024