Terms of Service
These terms govern your use of FormKoala. By using our services, you agree to these terms. Please read them carefully.
Welcome to FormKoala
FormKoala ("we," "our," or "us") provides a comprehensive digital forms and inspection management platform (the "Service"). These Terms of Service ("Terms") govern your access to and use of our Service, including our website, applications, APIs, and any other software or services offered by FormKoala.
By creating an account or using our Service, you agree to these Terms. If you're using FormKoala on behalf of an organization, you're agreeing to these Terms on behalf of that organization, and you represent that you have the authority to bind that organization to these Terms.
If you don't agree to these Terms, please don't use our Service. We may update these Terms from time to time, and your continued use of the Service after changes constitutes acceptance of the updated Terms.
Account Terms
Account Creation
- You must be at least 18 years old or the legal age of majority in your jurisdiction
- You must provide accurate, complete, and current information
- You are responsible for maintaining the security of your account credentials
- One person or legal entity may maintain no more than one free account
Account Responsibilities
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use
- You may not use the service for any illegal or unauthorized purpose
- You must comply with all applicable laws and regulations
Account Termination
- You may close your account at any time through account settings
- We may suspend or terminate accounts that violate these terms
- We may suspend accounts for extended periods of inactivity
- Upon termination, your right to use the service will immediately cease
Acceptable Use
Permitted Uses
- Creating and managing digital forms for legitimate business purposes
- Collecting data in compliance with applicable privacy laws
- Integrating with third-party services as documented
- Using our APIs within the prescribed rate limits
Prohibited Uses
- Transmitting malware, viruses, or harmful code
- Collecting sensitive information without proper authorization
- Attempting to access unauthorized areas of the service
- Using the service to harass, abuse, or harm others
- Violating intellectual property rights
- Engaging in fraudulent or deceptive practices
Content Standards
- You retain ownership of content you create
- You grant us license to use content as needed to provide services
- You must have rights to all content you upload
- We may remove content that violates these terms
Payment Terms
Subscription Plans
- Paid plans are billed in advance on a monthly or annual basis
- All fees are exclusive of taxes unless stated otherwise
- Prices may change with 30 days notice to existing customers
- Free trial terms vary by plan and promotion
Billing & Refunds
- Payment is due upon receipt of invoice
- Failed payments may result in service suspension
- Annual plans are non-refundable except as required by law
- Monthly plans can be cancelled at any time
Usage Limits
- Each plan includes specific usage limits
- Overage fees may apply for exceeding limits
- We'll notify you before charging overage fees
- Enterprise plans may have custom terms
Service Level & Support
Service Availability
- We strive for 99.9% uptime for paid plans
- Scheduled maintenance will be announced in advance
- Service credits may be available for extended downtime
- Free plans have no uptime guarantees
Support Services
- Support level varies by subscription plan
- Free plans include community and documentation support
- Paid plans include email and chat support
- Enterprise plans include dedicated support
Data Protection
- We implement industry-standard security measures
- Regular backups are performed for disaster recovery
- You are responsible for maintaining your own backups
- Data retention policies vary by plan type
Intellectual Property
Our Property
- FormKoala and its features are protected by intellectual property laws
- Our trademarks, logos, and branding remain our exclusive property
- You may not copy, modify, or reverse engineer our software
- We retain all rights not expressly granted in these terms
Your Content
- You retain ownership of content you create using our service
- You grant us a license to use your content to provide services
- This license is non-exclusive, worldwide, and royalty-free
- The license ends when you delete your content or account
Feedback & Suggestions
- We welcome feedback and suggestions for improvement
- Any feedback you provide becomes our property
- We may use feedback without compensation or attribution
- This helps us improve our services for all users
Limitation of Liability
Disclaimer of Warranties
- Services are provided 'AS IS' and 'AS AVAILABLE'
- We disclaim all warranties, express or implied
- We don't warrant uninterrupted or error-free service
- Use of the service is at your own risk
Limitation of Damages
- We won't be liable for indirect or consequential damages
- Our total liability is limited to fees paid in the last 12 months
- Some jurisdictions don't allow these limitations
- This limitation applies to the fullest extent permitted by law
Indemnification
- You agree to indemnify us from claims arising from your use
- This includes violations of these terms or applicable laws
- You'll cover our legal fees and damages from such claims
- We'll notify you promptly of any such claims
Dispute Resolution
Governing Law & Jurisdiction
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in San Francisco County, California.
Arbitration Agreement
For disputes not resolved through informal negotiation, we agree to binding arbitration under the rules of the American Arbitration Association. This arbitration agreement survives termination of these Terms.
Additional Terms & Policies
General Provisions
Entire Agreement
These Terms constitute the entire agreement between you and FormKoala regarding the Service and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights under these Terms without restriction.
Contact Information
Legal Inquiries
FormKoala, Inc.
Legal Department
legal@formkoala.com
General Support
For general questions about these terms or our services:
Have Questions About These Terms?
We're here to help clarify any questions you have about our Terms of Service.