Terms of Use

ARCHIVED 2024-07-03, DATE APPROXIMATE · VERSION 20240703_rev01 · COMPARED WITH 20240601_rev01

Full text changes — 20240601_rev01 to 20240703_rev01

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

 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
 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.
+You agree that you will not assert any copyright claim or other intellectual property claims or rights in forms you build or create using the Platform against Jotform, and that you waive any such legal claims against Jotform relating to such forms. This includes whole forms and parts of such forms. You acknowledge and agree that Jotform may display your forms on our websites and platforms, and that we may use your forms for the purposes of improving the form builder, for learning about how you and other people use, build, and create and submit forms, for teaching our staff, systems, and products about such matters, and for other purposes.
 ## 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
 ## 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.
+"JOTFORM" AS USED IN THIS SECTION 10 REFERS TO JOTFORM AND ALL OF ITS RELATED AND AFFILIATED JOTFORM COMPANIES.
 ## 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.
+EXCEPT IF AND TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY OR ALL OF THE FOLLOWING TYPES OF DAMAGES, WHETHER ARISING AT COMMON LAW OR BY STATUTE: DAMAGES FOR LOST PROFITS, LOST TIME, LOST BUSINESS, OR LOST REVENUES, REIMBURSEMENT OF MONIES PAID BY YOU TO THIRD PARTIES TO HELP YOU USE OR LEARN TO USE THE PLATFORM OR TO DEAL WITH REAL OR PERCEIVED ISSUES WITH THE PLATFORM, FOR ANY FORM OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY DAMAGES ARISING FROM OUR DISPLAY OR USE OF FORMS IN WHOLE OR PART THAT YOU HAVE CREATED USING OUR THE PLATFORM, AS DESCRIBED IN SECTION 10 OF THESE TERMS, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR OUR OPERATION OF THE PLATFORM, 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.
 ## 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.
 **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/). 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 May 15, 2024
+Revision June 14, 2024