Jotform Terms of Use changes — 20210101_rev01

81

**Limitation of Liability.** You understand and expressly agree that, to the extent permitted under applicable law, in no event will JotForm Inc. or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the JotForm Service.

82

83

**Exclusions And Limitations.** Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that JotForm Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of JotForm Inc. liability shall be the minimum permitted under such applicable law.

84

85

**Indemnification.** You agree to indemnify, defend, and hold harmless JotForm Inc., its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the JotForm Service, (b) your (or anyone using your account's) use of the JotForm Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.

86

87

**Contracting Entity.** If you are located in the United Kingdom ("UK"), the contracting JotForm entity is JotForm LTD; and if you are located in a region outside of the UK, the JotForm entity is JotForm Inc.. For any Service provided by JotForm Inc., references to "JotForm", "we", "us", and "our" are references to JotForm Inc., located at 111 Pine St., Suite 1815, San Francisco, CA 94111, United States of America. For any Service provided by JotForm LTD, references to "JotForm", "we", "us", and "our" are references to JotForm LTD, located at Unit Da2 Sutherland House, 43 Sutherland Road, London E17 6BU, United Kingdom with company number 12668839.

88

87

89

**Miscellaneous.** These Terms constitute the entire and exclusive and final statement of the agreement between you and JotForm with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and JotForm with respect to the subject matter hereof. These Terms and the relationship between you and JotForm Inc shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the JotForm Service shall be brought in the Federal or State courts located in California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of JotForm Inc. 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 Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the JotForm Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the JotForm Service.

88

90

89

91

**Third Party Vendors.** The User may order or use services through the JotForm Service from third parties not affiliated with JotForm Inc. ( "Third Party Vendors"). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the JotForm Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform 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.

90

92

91

93

All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. JotForm makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider JotForm Inc., nor will JotForm Inc. be construed, as a party to, or a third party beneficiary of, such transactions, whether or not JotForm Inc. may have received revenue or other remuneration in connection with the transaction. JotForm Inc. will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.

92

94

+Last Updated: **November 19, 2020**
+Last Updated: **December 23, 2020**
 **Please read this Agreement carefully to ensure you understand each provision.**
+These Terms of Use apply to all users of the JotForm Service. Please note that if you have executed a separate written agreement with JotForm Inc, regarding your use of certain JotForm Services, that agreement and not these Terms of Use applies to those JotForm Services. For example, if you have purchased JotForm Enterprise under the JotForm Enterprise Terms of Use ("Software License Agreement"), then your use will remain covered by such terms.
+These Terms of Use apply to all users of the JotForm Service. Please note that if you have executed a separate written agreement with JotForm Inc. or JotForm LTD, regarding your use of certain JotForm Services, that agreement and not these Terms of Use applies to those JotForm Services. For example, if you have purchased JotForm Enterprise under the JotForm Enterprise Terms of Use ("Software License Agreement"), then your use will remain covered by such terms.
 These Terms of Service ("Terms") govern your use of JotForm Inc. ("Company", JotForm) web site located at https://www.jotform.com (the "Site") and the services that are made available through the Site (collectively, the "JotForm Service"). Please read these Terms carefully. By using the JotForm Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the JotForm Service.
 **Arbitration Agreement.** This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
 **Your Responsibilities.** You agree not to use the JotForm Service to violate any local, state, national, or international law or regulation.
 **Limitation of Liability.** You understand and expressly agree that, to the extent permitted under applicable law, in no event will JotForm Inc. or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the JotForm Service.
 **Exclusions And Limitations.** Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that JotForm Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of JotForm Inc. liability shall be the minimum permitted under such applicable law.
 **Indemnification.** You agree to indemnify, defend, and hold harmless JotForm Inc., its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the JotForm Service, (b) your (or anyone using your account's) use of the JotForm Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.
+**Contracting Entity.** If you are located in the United Kingdom ("UK"), the contracting JotForm entity is JotForm LTD; and if you are located in a region outside of the UK, the JotForm entity is JotForm Inc.. For any Service provided by JotForm Inc., references to "JotForm", "we", "us", and "our" are references to JotForm Inc., located at 111 Pine St., Suite 1815, San Francisco, CA 94111, United States of America. For any Service provided by JotForm LTD, references to "JotForm", "we", "us", and "our" are references to JotForm LTD, located at Unit Da2 Sutherland House, 43 Sutherland Road, London E17 6BU, United Kingdom with company number 12668839.
 **Miscellaneous.** These Terms constitute the entire and exclusive and final statement of the agreement between you and JotForm with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and JotForm with respect to the subject matter hereof. These Terms and the relationship between you and JotForm Inc shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the JotForm Service shall be brought in the Federal or State courts located in California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of JotForm Inc. 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 Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the JotForm Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the JotForm Service.
 **Third Party Vendors.** The User may order or use services through the JotForm Service from third parties not affiliated with JotForm Inc. ( "Third Party Vendors"). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the JotForm Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform 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.
 All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. JotForm makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider JotForm Inc., nor will JotForm Inc. be construed, as a party to, or a third party beneficiary of, such transactions, whether or not JotForm Inc. may have received revenue or other remuneration in connection with the transaction. JotForm Inc. will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.

Terms of Use

Full text changes — 20201201_rev01 to 20210101_rev01