Terms of Use
ARCHIVED 2024-08-01, DATE APPROXIMATE · VERSION 20240801_rev01 · COMPARED WITH 20240703_rev01
Full text changes — 20240703_rev01 to 20240801_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 86 | 86 | ## 8\. No Warranties |
| 87 | 87 | |
| 88 | 88 | 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. |
| 89 | 89 | |
| 90 | 90 | 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. |
| 91 | 91 | |
| 92 | Jotform makes no warranties, representations, or assurances as to the actual qualifications of, or as to the work or advice of, any individual who has obtained a certificate from Jotform Academy. If you choose to utilize or rely on any such person or entity with which they work to help you with the use of the Jotform platform, you do so at your own risk. | |
| 93 | ||
| 92 | 94 | ## 9\. Indemnification |
| 93 | 95 | |
| 94 | 96 | 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. |
| 95 | 97 | |
| 96 | 98 | ## 10\. Limitation of Liability |
| 97 | 99 | |
| 162 | 164 | **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. |
| 163 | 165 | |
| 164 | 166 | ## Questions |
| 165 | 167 | |
| 166 | 168 | 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/). |
| 167 | 169 | |
| 168 | Revision June 14, 2024 | |
| 170 | Revision July 22, 2024 |