Terms of service

1. Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of Formfyl ("Service"), operated by Formfyl ("we", "us", "our"). By creating an account, accessing the Service, or clicking "I agree", you accept these Terms.

If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms, and "you" refers to both you and the organisation.

If you do not agree to these Terms, do not access or use the Service.

2. The service

Formfyl provides software that lets you build, publish, and collect responses through online forms. The Service includes a form-builder application at app.formfyl.com, a public-facing form renderer, an API, and related documentation.

We may change features, limits, or interfaces from time to time. We will give reasonable notice of material changes that adversely affect paid customers.

3. Account registration

You must be at least 16 years old to create an account. You agree to provide accurate, current, and complete information during registration and to keep it up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at support@formfyl.com if you suspect unauthorised access.

4. Subscriptions, billing, and payment

Some features of the Service are offered on a paid subscription basis. Pricing for each plan is shown at formfyl.com/pricing and may be updated from time to time on at least 30 days' notice for existing subscribers.

Payments are processed by Paddle.com Market Limited or its affiliates ("Paddle"), our Merchant of Record. When you purchase a subscription, the contract for payment is between you and Paddle; the contract for use of the Service is between you and us. Paddle's Buyer Terms and Privacy Policy govern the payment processing relationship.

Subscriptions auto-renew at the end of each billing cycle (monthly or yearly) unless cancelled before renewal. Applicable taxes (GST, VAT, sales tax) are calculated and collected by Paddle and shown at checkout.

If a payment fails, we may suspend access to paid features until the issue is resolved. Repeated failures may result in account downgrade or termination.

5. Refunds

Our refund policy is set out separately at formfyl.com/legal/refund-policy and is incorporated into these Terms by reference. In summary: new paid subscriptions may be refunded within 14 days; subsequent renewals are non-refundable except where required by applicable law.

Refund requests must be sent to refunds@formfyl.com (or processed through your Paddle receipt).

6. Free plan and usage limits

We offer a free plan with monthly limits (number of forms, fields per form, responses per month). When a limit is reached, additional usage is blocked until the next billing cycle or until you upgrade. Limits may change with notice.

7. Acceptable use

You agree not to use the Service to: (a) violate any law or third-party right; (b) send spam, phishing, or unsolicited communications; (c) collect or store sensitive personal data (such as full payment card numbers, government identifiers, or special-category health data) unless your plan and a separate written agreement allow it; (d) interfere with or disrupt the Service, including by uploading malicious code; (e) reverse-engineer the Service except where applicable law forbids that limitation; (f) misrepresent your affiliation with any person or entity through forms you publish.

We may suspend or terminate accounts that we reasonably believe violate this section, with or without prior notice depending on severity.

8. Your content

You retain all ownership of the forms you create, the data you upload, and the responses your respondents submit ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, and back-up Customer Data solely to the extent necessary to operate the Service for you.

You are responsible for the lawful basis of collecting any personal data via forms you publish, for notifying your respondents about the processing, and for honouring their data subject rights. With respect to that personal data, you act as data controller and we act as data processor (see our Data Processing Addendum, available on request from privacy@formfyl.com).

9. Our intellectual property

The Service, including its software, design, trademarks, and documentation, is owned by Formfyl and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms during the period your account is active and in good standing.

Feedback you provide may be used by us without obligation to you.

10. Confidentiality

Each party may receive information of the other that is non-public and that a reasonable person would understand to be confidential ("Confidential Information"). Each party will use the other's Confidential Information only to perform under these Terms and will protect it with at least the same degree of care it uses for its own confidential information of similar importance, and in no event less than reasonable care.

11. Service availability and changes

We target high availability for the Service but do not guarantee it will be uninterrupted or error-free. We perform maintenance and may need to interrupt the Service from time to time; we will use commercially reasonable efforts to schedule planned maintenance outside business hours.

We may modify, suspend, or discontinue the Service or parts of it. For paid plans, if we discontinue a paid feature you actively use, we will provide reasonable notice and a pro-rata refund of any prepaid unused period covering that feature.

12. Termination

You may cancel your subscription at any time through your account settings or by emailing support@formfyl.com. Cancellation takes effect at the end of the current billing period.

We may suspend or terminate your account for material breach of these Terms, for non-payment after notice, or where required by law. We will give you reasonable opportunity to cure where the situation allows.

On termination, your access to the Service ends. You may export your Customer Data for 30 days following termination; after that period we may delete it from our active systems, subject to backups that age out within 90 days.

13. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, error-free, or that defects will be corrected. You use the Service at your own discretion and risk.

14. Limitation of liability

To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or in connection with the Service or these Terms, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the amounts you paid us for the Service in the 12 months preceding the event giving rise to the claim, or USD 100, whichever is greater.

15. Indemnity

You agree to defend, indemnify, and hold us harmless from any third-party claims, damages, and reasonable legal costs arising from (a) Customer Data you uploaded, (b) your use of the Service in breach of these Terms, or (c) your violation of applicable law.

16. Governing law and disputes

These Terms are governed by the laws of India, without regard to its conflict-of-laws principles. The courts of Bengaluru, Karnataka, India have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.

17. Changes to these terms

We may update these Terms from time to time. If a change is material, we will give you at least 30 days' notice by email or via in-product notice before the change takes effect. Continued use of the Service after the effective date constitutes acceptance.

18. Contact

For questions about these Terms, contact us at legal@formfyl.com. For support questions, use support@formfyl.com. For privacy questions, use privacy@formfyl.com. For refund requests, use refunds@formfyl.com.