Terms of Use
20221205_rev01 · COMPARED WITH 20221101_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE
Full text changes — 20221101_rev01 to 20221205_rev01
| 63 | 63 | Subscriptions 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). |
| 64 | 64 | |
| 65 | 65 | ## 6\. **Jotform's Use of Data** |
| 66 | 66 | |
| 67 | 67 | You 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. |
| 68 | 68 | |
| 69 | You agree that we may retain your personal information according to the data retention periods set forth in our [privacy policy](https://www.jotform.com/privacy/) under the heading ""How Long We Retain Your Information." | |
| 70 | ||
| 69 | 71 | ## 7\. **Trademarks** |
| 70 | 72 | |
| 71 | 73 | You 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. |
| 72 | 74 | |
| 73 | 75 | ## 8\. **Term and Termination** |
| 74 | 76 | |
| 147 | 149 | **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. |
| 148 | 150 | |
| 149 | 151 | Jotform 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. |
| 150 | 152 | |
| 151 | 153 | **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. |
| 152 | 154 | |
| 153 | **Contracting Entity.** If you are located in the United Kingdom ("UK") or in any EU [member state](https://european-union.europa.eu/principles-countries-history/country-profiles_en), the contracting Jotform entity is Jotform Ltd, located at 3 Albert Mews, Albert Road, London, N4 3RD, UK, company number 12668839. If you are located in any of the following countries or territories, the contracting Jotform entity is Jotform Pty Ltd (Australia), located at Suite 3, 26 McDonald Street, Mortlake, NSW 2137: Afghanistan, Australia, Bangladesh, Bhutan, Brunei Darussalam, Cambodia, China, Hong Kong, China, Macao, China, Cook Islands, Democratic People's Republic of Korea, Fiji, India, Indonesia, Japan, Kiribati, Lao People's Democratic Republic, Malaysia, Maldives, Marshall Islands, Micronesia (Federated States of), Mongolia, Myanmar, Nauru, Nepal, New Zealand, Pakistan, Palau, Papua New Guinea, Philippines, Republic of Korea, Samoa, Singapore, Solomon Islands, Sri Lanka, Thailand, Timor Leste, Tonga, Tuvalu, Vanuatu, Viet Nam, American Samoa, Guam, Johnston Island, Kingman Reef, Midway, Northern Mariana Islands, Palmyra, Wake Island. If you are located in any country or territory not listed above, the contracting Jotform entity is Jotform Inc., located at 4 Embarcadero Center, Suite 780, San Francisco, CA 94111, USA. In these terms, references to "Jotform", "we", "us", and "our" are references to the applicable Jotform contracting entity, as set forth above. | |
| 155 | **Contracting Entity.** If you are located in the United Kingdom ("UK") or in any EU [member state](https://european-union.europa.eu/principles-countries-history/country-profiles_en), the contracting Jotform entity is Jotform Ltd, located at 3 Albert Mews, Albert Road, London, N4 3RD, UK, company number 12668839. If you are located in any of the following countries or territories, the contracting Jotform entity is Jotform Pty Ltd (Australia), located at Suite 3, 26 McDonald Street, Mortlake, NSW 2137: Afghanistan, Australia, Bangladesh, Bhutan, Brunei Darussalam, Cambodia, China, Hong Kong, China, Macao, China, Cook Islands, Democratic People's Republic of Korea, Fiji, India, Indonesia, Japan, Kiribati, Lao People's Democratic Republic, Malaysia, Maldives, Marshall Islands, Micronesia (Federated States of), Mongolia, Myanmar, Nauru, Nepal, New Zealand, Pakistan, Palau, Papua New Guinea, Philippines, Republic of Korea, Samoa, Singapore, Solomon Islands, Sri Lanka, Thailand, Timor Leste, Tonga, Tuvalu, Vanuatu, Vietnam, American Samoa, Guam, Johnston Island, Kingman Reef, Midway, Northern Mariana Islands, Palmyra, Wake Island. If you are located in Canada, the contracting Jotform entity is Jotform Canada, Inc., located at 411-150 22nd St. W North, Vancouver BC V7M 3M4 Canada. If you are located in any country or territory not listed above, the contracting Jotform entity is Jotform Inc., located at 4 Embarcadero Center, Suite 780, San Francisco, CA 94111, USA. In these terms, references to "Jotform", "we", "us", and "our" are references to the applicable Jotform contracting entity, as set forth above. | |
| 154 | 156 | |
| 155 | If 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. | |
| 157 | If 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 Canada, these Terms and the relationship between you and Jotform Canada, Inc. shall be governed by and subject to the laws and jurisdiction of Canada and, as applicable, of the Canadian province of which you are a resident. If you are located in a region outside of the UK and outside of Canada, 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. | |
| 156 | 158 | |
| 157 | 159 | The 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. |
| 158 | 160 | |
| 159 | 161 | **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. |
| 160 | 162 | |
| 161 | 163 | 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, 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. |
| 162 | 164 | |
| 163 | 165 | **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. |
| 164 | 166 | |
| 165 | 167 | ## **Questions** |
| 166 | 168 | |
| 167 | 169 | If you have any questions about this terms of use, please feel free to [contact us](https://www.jotform.com/contact/). |
| 168 | ||
| 169 | Last Update: April 15, 2022 |