Terms of Use

20210705_rev01 · COMPARED WITH 20210504_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20210504_rev01 to 20210705_rev01

11## Terms of Use
22
3Last Updated: **March 8, 2021**
3These Terms of Use ("Terms") apply to all non-enterprise users of the JotForm Services ("Services"). **If you are an enterprise user, the Services Agreement between you and JotForm governs your use of the Services** rather than these Terms.
44
5**Please read this Agreement carefully to ensure you understand each provision.**
5These Terms govern your use of the Services provided to you by JotForm Inc. ("JotForm" or "Company" as used in these Terms) at the website located at https://www.jotform.com (the "Site"). By using the Services, 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 Services.
66
7These 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.
7As used in these Terms, "you" and "Customer" refers to you as our customer personally, and/or the company or other entity who is our customer, who is or will be using our non-enterprise services. The terms "we" and "our" refer to JotForm.
88
9These 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.
9## 1\. **Who May Use the Services**
1010
11**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.
11Except for our free version of the JotForm Services, your right to use the Services depends on you timely paying the required fees. You agree to use the Services only as permitted in these Terms.
1212
13**Your Responsibilities.** You agree not to use the JotForm Service to violate any local, state, national, or international law or regulation.
13You accept and assume sole responsibility for your use of the Services.
1414
15**Your Account Terms.** You may not access the JotForm Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides 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 you are responsible to ensure that each User associated with your JotForm Account complies with these Terms. 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 all activity that occurs under your JotForm account (even when Data is posted by others who have accounts under your Account). You may not use the JotForm Service for any illegal or unauthorized purpose as described in the Terms of Use.
15You may not share your log-in info/credentials with any other person or entity.
1616
17If you are a JotForm Enterprise User, please see your Account Terms as included in the JotForm Enterprise Terms of Use.
17## 2\. **Limitations on Use of the Services**
1818
19**Forms and Submissions.** JotForm does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the JotForm Service ("Forms and Submissions"). As between JotForm and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report "public", you grant JotForm Inc. a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. JotForm Inc. does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.
19You agree that you will at all times use the Services consistent with all applicable laws and regulations, not violating any law, legal right or protection, regulation, legal prohibition, privacy right, or intellectual property right.
2020
21**Automatic Renewal.** Paid accounts are subscriptions. This means that 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 JotForm subscription by selecting the starter plan on the [billing page](https://www.jotform.com/myaccount/billing). You can also cancel your JotForm subscription by submitting a request to [JotForm Support Team](https://www.jotform.com/contact/). When you downgrade, your account will remain at your current plan through the end of your current billing cycle.
21THIS INCLUDES BUT IS NOT LIMITED TO LAWS AND REGULATIONS PERTAINING TO EMAIL SOLICITATION, SPAM, FINANCIAL AND MONETARY SCHEMES, PHISHING, COMPUTER FRAUD, COMPUTER CRIMES, UNAUTHORIZED COLLECTION OR USE OF DATA OF ANY KIND INCLUDING BUT NOT LIMITED TO DATA THAT IS PROTECTED BY LAW, FRAUD, DECEPTION, INVASION OF PRIVACY, DEFAMATION, DISCRIMINATION, HARASSMENT, TERRORISM, AND THE LIKE.
2222
23**Credit card details.** If you have elected to pay the fees for a JotForm Inc. subscription by credit card, you warrant that the credit card information you provide is correct and you shall 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.
23YOU MAY NOT USE THE JOTFORM TO COLLECT, USE, OR DISCLOSE PERSONAL INFORMATION PROTECTED FROM ANY OF THESE ACTIVITIES UNDER PRIVACY LAWS. YOU FURTHER AGREE TO NOT USE THE SERVICE TO COLLECT, USE, OR DISCLOSE CREDIT CARD INFORMATION OR ANY TYPE OF LOGIN CREDENTIALS. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY DATA PROTECTION AND PRIVACY LAWS AND RULES APPLICABLE TO THE SENSITIVE INFORMATION.
2424
25**Downgrades.** Downgrading your JotForm Inc. account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, JotForm Inc. does not accept any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data.
25YOU AGREE THAT JOTFORM MAY TEMPORARILY OR PERMANENTLY DISABLE YOUR ACCESS TO THE SERVICES IF WE HAVE A GOOD FAITH BELIEF THAT YOU HAVE USED THE SERVICES IN VIOLATION OF LAW OR OF ANY PERSON'S LEGAL RIGHTS.
2626
27You and agents hereby forever release JotForm from any and all responsibility for any and all wrongs and violations committed by you relating to your use of the Services.
28
29As between JotForm and you, you accept and have sole responsibility for and ownership in the Data that is posted to your account. "Data" as used in these Terms refers to information and data submitted by third parties on/in forms used by you as part of the Services, of whatever nature, including but is not limited to text, characters, numbers, visual content, audio content, software, music, sound, photographs, graphics, messages, tags, and the like. Neither your personal data or your confidential information is "Data" for purposes of these Terms.
30
31You agree that we have the right to immediately suspend your use of the Services without prior notice and without any obligation or refund of fees you've paid us if you violate any provision of this section 2.
32
33## 3. **Your Account Terms**
34
35You may not access the JotForm Services through automated methods, such as the use of robots or other computer code which calls the Services, except where we've given you express written permission.
36
37Each user 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.
38
39JotForm 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, whether or not you personally posted the Data.
40
41## 4**. Forms and Submissions**
42
43JotForm does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you use, gather, submit, or make available to others through the use of the JotForm Services ("Forms and Submissions"). As between JotForm and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page, or Report "public", you grant JotForm a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only be made public with your permission. JotForm does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.
44
45## 5**. Payments, Renewals, Credit Card Details, Downgrades, Refunds**
46
47**Payments.** All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, except for sales taxes as we may be required to add under local law. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the JotForm Services.
48
49JotForm offers payments through third-party payment processors. By making payments to us for JotForm services, you indicate that you have reviewed the Terms of Services and privacy policy of the payment processor for the country in which you are located and agree to both.
50
51**Automatic Renewal.** Paid accounts are subscriptions. This means that 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 JotForm subscription by selecting the starter plan on the [billing page](https://www.jotform.com/myaccount/billing). You can also cancel your JotForm subscription by submitting a request to the [JotForm Support Team](https://www.jotform.com/contact/). If you downgrade, your account will remain at your current plan through the end of your current billing cycle.
52
53**Credit card details.** If you have elected to pay the fees for a JotForm subscription by credit card, you 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.
54
55**Downgrades.** Downgrading your JotForm account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, JotForm does not accept any liability for such losses. Downgrading your subscription will not cause you to lose your forms or your data.
56
2757**Cancellation.** Paid plans are subscriptions that auto-renew by default. You can cancel auto-renew at any time to cancel your subscription. To cancel your JotForm subscription at any time, go to the Billing section of your account, and downgrade your account to the free Starter plan. If you're logged into your account, you can simply click Downgrade below the Starter option on the pricing page. You can delete your account entirely by clicking Delete My Account on your Account Settings page. Canceling 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. Your current subscription (the time you already paid for) isn't affected, so you'll continue to be able to access and benefit from paid features until the plan downgrades on your next billing date.
2858
29**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 [JotForm Support Team](https://www.jotform.com/contact/).
59**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/).
3060
31Subscriptions purchased via the Apple App Store are subject to the Apple App Store refund policies and JotForm cannot refund your payment. To request a refund, please review Apple's refund process: [https://support.apple.com/HT204084](https://support.apple.com/HT204084).
61Subscriptions purchased via the Apple App Store are subject to the Apple App Store refund policies - JotForm cannot refund your payment(s) to Apple. To request a refund, please review Apple's refund process: [https://support.apple.com/HT204084](https://support.apple.com/HT204084).
3262
33**Spam.** You agree that JotForm, Inc. may terminate your JotForm Service immediately if a form created or JotForm, Inc. is found to be used inside an unsolicited email.
63## 6\. **JotForm's Use of Data**
3464
35**Scams**. You agree that you will not use the JotForm Service or any form(s) you create using the JotForm Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a JotForm form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
65You hereby authorize us to access, use and display Data for the purpose of and to the extent necessary to provide the Services to you, to protect the Data, and to protect our online or computer resources from unlawful cyberattacks. We will not modify any Data, copy Data onto any media, disassemble, decompile or reverse engineer all or any part of the Data, or use, duplicate, transfer, sell, distribute or otherwise disclose the Data to any other party.
3666
37**Phishing.** You agree that JotForm Inc. may terminate your JotForm Service immediately if a form's purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
67## 7\. **Trademarks**
3868
39**Collecting Sensitive Information.** You may not use the JotForm Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver's license numbers, but you are required to use best security practices of JotForm Inc. including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
69You shall not use or display the JotForm trademark or logo of the other party without our written permission. This section shall survive termination or expiration of this Agreement.
4070
41**European Data Collection.** If you collect personal data in Europe, you must use EU Safe Forms feature of JotForm Service.
71## 8\. **Term and Termination**
4272
73You shall be permitted to use the Services for the period of time for which you have paid us the required fees to use the Services. You agree that we may immediately terminate this Agreement if you materially breach any provision of this Agreement.
74
75## 9\. **Warranties**
76
77**Mutual Warranty.** Each party warrants to the other party that it has the legal power and authority to enter into this Agreement and that the person signing for that party has the authority to bind that party to the terms of this Agreement.
78
79**Disclaimer of Implied 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.
80
81## 10\. **Defense & Indemnity**
82
83You agree that you will defend JotForm against claims or proceedings alleging that Data or our transmission or hosting thereof infringes or violates the rights of a third party or violates data privacy or protection laws, and you agree to indemnify JotForm against damages and costs (including reasonable attorneys' fees) finally awarded by a court of competent jurisdiction or in a settlement of the claim approved in writing by you.
84
85## 11\. **Limitation of Liability**
86
87**Limitation on Damages.** EXCEPT FOR YOUR OBLIGATION TO PAY FEES, 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.
88
89**Disclaimer of Consequential Damages.** EXCEPT AS MAY BE PROHIBITED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR LOST REVENUE OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
90
91**Scope of Limitations on Liability.** THE LIMITATIONS SET FORTH IN THIS SECTION 9 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.
92
93**European Data Collection.** If you collect personal data in Europe, you must use the EU Safe Forms feature of JotForm Services.
94
4395**Additional information for California residents.** With regard to the California Consumer Privacy Act of 2018, JotForm Inc. does not sell or share or make available your form data without your express permission. Although we do not sell or share your personal information, if you would like to opt-out from us ever doing so, please submit a written request to our [Customer Support](https://www.jotform.com/contact/) or fill [our opt-out form](https://www.jotform.com/ccpa/).
4496
45**Copyright Infringement.** JotForm Inc. respects the intellectual property rights of others. Accordingly, JotForm Inc. has a policy of disabling access to any Submission that violates copyright law, suspending access to the JotForm Service to any user who uses the JotForm Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the JotForm Service in violation of copyright law.
97**Copyright Infringement.** JotForm respects the intellectual property rights of others. Accordingly, JotForm has a policy of disabling access to any Submission that violates copyright law, suspending access to the JotForm Services to any user who uses the JotForm Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the JotForm Services in violation of copyright law.
4698
47**Trademarks.** JotForm is a registered trademark of JotForm Inc. The JotForm logo is a trademark of JotForm Inc. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with JotForm. You agree not to display or use, in any manner, any of the Trademarks or copyrighted material without the prior written consent of JotForm Inc. All other third party trademarks, service marks, logos and trade names appearing on any services which are part of the JotForm Service are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the JotForm Service, and all rights in such Trademarks is reserved by JotForm Inc. or respective holders.
99## 12\. **Other Provisions**
48100
49**Payments.** JotForm offers payments through third-party payment processors. By accepting this agreement with JotForm, you indicate that you have reviewed the Terms of Service and Privacy Policy of the payment processor for the country in which you are located and agree to both.
101**Modifications To the Services.** JotForm reserves the right to modify the Services with or without notice to you. JotForm shall not be liable to you or any third party for any such modifications.
50102
51All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the JotForm Service. We may add to the fees at the then applicable rates.
103**Email Communications.** By giving your email address to JotForm, you agree to receive occasional administrative, announcements, newsletters, sales, and marketing emails from JotForm. You can opt out from these emails by clicking on the "unsubscribe" link at the end of the emails.
52104
53**Termination.** You agree that JotForm Inc. may terminate your JotForm Service membership or suspend your access to all or part of the JotForm Service, without notice, if JotForm Inc. determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that JotForm Inc. shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the JotForm Service. You may discontinue your participation in and access to the JotForm Service at any time.
105**No Resale Of the Services.** You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion the Services, use of the Services, or access to the Services.
54106
55Upon termination of this Agreement, for any reason, you agree to cease all use of the JotForm Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.
107**Email Delivery.** When a third party submits Your forms, by default You will receive the results as an email notification. We endeavor to ensure successful delivery of emails, but we do not guarantee successful delivery of your email notifications. We recommend installing JotForm mobile apps for iPhone, Apple Watch, or Android, and checking the JotForm site daily to make sure You do not miss any form submission notifications.**Form Availability.** JotForm makes no warranty that forms provided by the Services will be available 100% of the time or that they will be error free. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM ANY ERRORS ON A FORM OR UNAVAILABILITY OF A FORM.
56108
57**Modifications To Terms.** JotForm Inc. may, in its sole and absolute discretion, change these Terms from time to time. JotForm Inc. will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the JotForm Service. Continued use of the JotForm Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
109## **13\. **General****
58110
59**Modifications To JotForm Service.** Prices of all JotForm Services, including but not limited to subscription plan fees to the JotForm Service. JotForm Inc. reserves the right to modify or discontinue the JotForm Service with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the JotForm website or the JotForm Service itself.
111**Assignment.** You may not assign any of your rights or obligations under this Agreement without the prior written consent of JotForm (not to be unreasonably withheld), except, if you are a company or other entity, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the entity's assets. In the case of an assignment permitted under this section, you agree to ensure that the assignee agrees in writing to the terms of this Agreement.
60112
61JotForm Inc. shall not be liable to you or any third party should JotForm exercise its right to modify or discontinue the JotForm Service.
113**Relationship of the parties; No Third-Party Beneficiaries.** The parties hereto are independent entities. Nothing in this Agreement or any attachment hereto creates or will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.
62114
63JotForm Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.
115**Choice of Law.** This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law provisions, and of the United States if the issue is federal in nature. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
64116
65JotForm Inc. shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.
117**Disputes; Arbitration.** The parties agree that all disputes between them shall be finally resolved by binding arbitration before a single neutral arbitrator under the auspices of the American Arbitration Association if the arbitration is filed in the United States, or under the auspices of the ICC (International Court of Arbitration) if the arbitration is filed in a country in which ICC has offices; arbitration shall not be filed or take place in any other location. The arbitrator shall give a written opinion stating the factual basis and legal reasoning for their decision. The prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs associated with the arbitration. An arbitration award shall be enforceable in a court of competent jurisdiction over the parties. No claim shall be initiated or filed against the other party more than one year after the cause of action arises. Notwithstanding the foregoing, any request by a party for injunctive relief shall be brought before a court of competent jurisdiction and not through arbitration, nor shall an arbitrator have the authority to issue injunctive relief. THE PARTIES HEREBY VOLUNTARILY WAIVE A TRIAL BY JURY OF ALL CLAIMS.
66118
67**Email Communications.** By giving your email address to JotForm Inc. you agree to receive administrative, announcements, newsletters, sales, and marketing emails from JotForm Inc. You can opt-out from these emails by clicking on the "unsubscribe" link at the end of the emails.
119**Manner of Giving Notice.** Notices regarding this Agreement shall be in writing and addressed to us to legal@jotform.com.
68120
69**Links.** JotForm Inc. provision of a link to any other website or Internet resource is for your convenience only and does not signify JotForm Inc. endorsement of such other web site or resource or its contents. JotForm Inc. shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.
121JotForm shall not be liable to you for any delay or failure to perform hereunder (excluding payment obligations which may be delayed but not excused) due to circumstances beyond such party's reasonable control, including acts of God, acts of government, pandemic, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (excluding those involving such party's employees), service disruptions involving hardware, software or power systems not within such party's reasonable control, and denial of service attacks.
70122
71JotForm Inc. is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, JotForm Inc. provides links to resources. JotForm Inc. makes no representations as to the quality, suitability, functionality or legality of any websites to which JotForm Inc. may provide links, and you hereby waives any claim you or the User may have against JotForm Inc. with respect to any such websites. Unless you have a written agreement or a specific consent in effect with JotForm Inc. which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that JotForm Inc. is affiliated with any person or entity, or that JotForm Inc. otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the JotForm Inc. name and Trademarks; (c) all links to the Websites must "point" to the URL "www.jotform.com" and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a "frame" on the linking website, or any other website.
123Except as prohibited by law, English shall be the governing language of this Agreement.
72124
73Without limiting any of the above, JotForm Inc. reserves the right to revoke its consent to any link to the JotForm website, at any time in its sole discretion.
125**Entire Agreement.** This Agreement, together with the Attachments hereto, represents the entire agreement of the parties concerning the subject matter thereof and is intended to be the final expression of their parties' agreement and intent. This Agreement supersedes all prior and contemporaneous agreements, proposals, and representations, whether written or oral. The parties agree that any terms or conditions stated or referenced in or on a document or documents other than this Agreement that contradict this Agreement are null and void. No amendment, addendum, or other document the intent of which is to add to or otherwise modify the Agreement, or waiver of any provision of the Agreement, shall be effective unless in writing and signed by both parties.
74126
75**No Resale Of JotForm Service.** You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which JotForm Inc. agrees you retain all rights) of the JotForm Service, use of the JotForm Service, or access to the JotForm Service.
127**Severability; Construing; Counterparts.** If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. The parties expressly agree that this Agreement shall not be construed against either party as the drafter. This Agreement may be executed in counterparts.
76128
77**Email Delivery.** When someone submits your forms, by default you'll receive the results as an email notification. JotForm Inc. goes to great lengths to ensure successful delivery of emails. We do not guarantee successful delivery of your email notifications. We recommend installing JotForm mobile apps for iPhone, Apple Watch, or Android, and checking the JotForm site daily to make sure you did not miss any form submission notifications.
129**Termination.** You agree that JotForm may terminate your JotForm Services membership or suspend your access to all or part of the JotForm Services, without notice, if JotForm determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that JotForm shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the JotForm Services. You may discontinue your participation in and access to the JotForm Services at any time.
78130
79**Form Availability.** JotForm Inc. makes no warranty that forms provided by JotForm Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.
131Upon termination of this Agreement, for any reason, you agree to cease all use of the JotForm Services. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.
80132
81**Disclaimer of Warranties.** You understand and expressly agree that use of the JotForm Service is at your sole risk. the JotForm Service is provided on an "as is" and "as available" basis. JotForm Inc. expressly disclaims all warranties of any kind, whether express or implied, with respect to the JotForm Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). JotForm Inc. makes no warranty that the JotForm Service will meet your requirements, or that the JotForm Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of JotForm is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from JotForm Inc. or through the JotForm Service shall create any warranty not expressly made herein.
133**Modifications To Terms.** JotForm may, in its sole and absolute discretion, change these Terms from time to time. JotForm will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the JotForm Services. Continued use of the JotForm Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
82134
83**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.
135**Modifications To JotForm Services.** Prices of all JotForm Services, including but not limited to subscription plan fees to the JotForm Services. JotForm reserves the right to modify or discontinue the JotForm Services with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the JotForm website or the JotForm Services itself.
84136
85**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.
137JotForm shall not be liable to you or any third party should JotForm exercise its right to modify or discontinue the JotForm Services.
86138
87**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.
139JotForm shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services as envisaged under Termination section.
88140
89**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.
141JotForm shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.
90142
91**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.
143**Links.** JotForm's provision of a link to any other website or Internet resource is for your convenience only and does not signify JotForm's endorsement of such other web site or resource or its contents. JotForm shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.
92144
93If you are located in the UK, these Terms and the relationship between you and JotForm LTD. shall be governed by the laws of the UK as applied to agreements made, entered into, and performed entirely in the UK by the UK 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 courts located in the UK, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
145JotForm is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, JotForm provides links to resources. JotForm makes no representations as to the quality, suitability, functionality or legality of any websites to which JotForm may provide links, and you hereby waives any claim you or the User may have against JotForm with respect to any such websites. Unless you have a written agreement or a specific consent in effect with JotForm which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that JotForm is affiliated with any person or entity, or that JotForm otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the JotForm name and Trademarks; (c) all links to the Websites must "point" to the URL "www.jotform.com" and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a "frame" on the linking website, or any other website.
94146
95If you are located in a region outside of the UK, 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.
147**Indemnification.** You agree to indemnify, defend, and hold harmless JotForm, 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 Services, (b) your (or anyone using your account's) use of the JotForm Services, (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.
96148
97The 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. 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.
149**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 Services 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 Services 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.
98150
99**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.
151If you are located in the UK, these Terms and the relationship between you and JotForm LTD shall be governed by the laws of England and Wales. If you are located in a region outside of the UK, 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 Services 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.
100152
101All 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.
153The 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. 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 in these Terms, shall remain in full force and effect notwithstanding any termination of your use of the JotForm Services.
102154
103**Privacy Policy.** By using JotForm Services you indicate acceptance of these terms and agree to our Privacy Policy.
155**Third Party Vendors.** The User may order or use services through the JotForm Services from third parties not affiliated with JotForm ("Third Party Vendors"). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the JotForm Services, 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.
104156
105It is the policy of JotForm Inc. to respect the privacy of all Users. Your use of the JotForm Service as well as certain other information about you is subject to the terms and conditions of our [Privacy Policy](https://www.jotform.com/privacy/), which is incorporated into these Terms by reference.
157All 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, nor will JotForm be construed, as a party to, or a third party beneficiary of, such transactions, whether or not JotForm may have received revenue or other remuneration in connection with the transaction. JotForm 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.
106158
107## Questions
159**Privacy Policy.** It is the policy of JotForm to respect the privacy of all Users. Your use of the JotForm Services as well as certain other information about you is subject to the terms and conditions of our [Privacy Policy](https://www.jotform.com/privacy/), which is incorporated into these Terms by reference.
108160
161## **Questions**
162
109163If you have any questions about this terms of use, please feel free to [contact us](https://www.jotform.com/contact/).
164
165Last Update: June 10, 2021