Terms and Conditions for Makeform AI

Effective Date: 9/30/2024

Welcome to MakeForm AI! By accessing or using our website located at https://makeform.ai (the "Site"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully before using our services. If you do not agree with any part of these Terms, you must discontinue using our services immediately.

1. General Information

MakeForm AI ("we," "us," or "our") is a software-as-a-service (SaaS) platform that provides an AI-powered form generator to assist with the automated creation of forms and workflows.

2. Acceptance of Terms

By accessing or using the Site and services, you agree to comply with these Terms, as well as our Privacy Policy (https://makeform.ai/privacy-policy). You acknowledge that we may modify these Terms at any time, and such modifications will be effective upon posting to the Site. We will notify you via email regarding any significant changes to these Terms. Continued use of the Site after modifications indicates your acceptance of the revised Terms.

3. User Accounts

To use certain features of MakeForm AI, you must create an account. You agree to provide accurate and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account login details and are solely responsible for all activities that occur under your account.

4. Fair Usage Policy

You may use MakeForm AI for personal and commercial purposes fairly. Any abuse of the platform, such as creating excessive or abusive forms, will lead to termination of service. You may create unlimited forms under our fair usage policy, but in cases of constant overages, you may be asked to upgrade to a higher plan.

5. Data Collection and Privacy

We collect personal information such as your name, email address, and payment details when you create an account or use our services. We also collect non-personal data, such as web cookies, to enhance user experience. Please refer to our Privacy Policy (https://makeform.ai/privacy-policy) for details on how we collect, use, and protect your data.

6. Payment and Subscription

MakeForm AI offers subscription-based services. By subscribing to our services, you agree to provide valid payment information and authorize us to charge your payment method for the applicable fees. Your subscription will automatically renew unless you cancel it before the next billing cycle.

7. Indemnification

You agree to indemnify, defend, and hold harmless MakeForm AI, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including attorney’s fees) arising out of or related to your use of the services, your violation of these Terms, or any third-party claims relating to content you create using the services.

8. Termination by Users

You may terminate your account at any time by contacting us or by following the termination process in your account settings. Upon termination, you will lose access to the services, and all data associated with your account may be permanently deleted. If you are subscribed to a paid plan, termination will take effect at the end of your current billing cycle.

9. Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that MakeForm AI will not be liable to you or to any third party for any modification, suspension, or discontinuance of the services.

10. User Content and Intellectual Property

You retain ownership of the content you create or submit using our services. However, by making forms and submissions public or sharing them, you grant MakeForm AI a worldwide, royalty-free, and non-exclusive license to use, reproduce, and display the content solely for the purpose of operating the services.

All content, design, and technology used in providing MakeForm AI services are the intellectual property of MakeForm AI. You may not modify, reproduce, or distribute any part of the Site or services without our prior written consent.

11. Disclaimer of Warranties

MakeForm AI is provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the functionality, reliability, or accuracy of the services or materials. We expressly disclaim any and all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the fullest extent permitted by law, MakeForm AI and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, even if MakeForm AI has been advised of the possibility of such damages. MakeForm AI’s total liability under any claim arising from your use of the services will not exceed the amount you have paid to MakeForm AI in the 12 months preceding the event giving rise to the claim.

13. Termination

MakeForm AI reserves the right to suspend or terminate your account or access to the services at any time, with or without cause, and without notice or liability, for any reason including but not limited to violation of these Terms or misuse of the services.

14. Arbitration and Class Action Waiver

Any disputes arising under these Terms will be resolved through binding arbitration, in accordance with the rules of the American Arbitration Association, rather than through the court system. You agree to waive any right to participate in class action lawsuits, and all disputes must be resolved on an individual basis.

15. Refund Policy

Refunds for paid subscriptions are available only for yearly plans, and only on a pro-rata basis, excluding the month of cancellation and any payment processing fees. Monthly plans are non-refundable, and all sales are final.

16. Data Liability Disclaimer

MakeForm AI is not responsible for any loss, damage, or exposure of data stored or transmitted using the services. While we implement reasonable security measures, we do not guarantee that unauthorized access, data loss, or other security breaches will not occur.

17. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Delaware, USA. Any disputes arising from the use of our services will be subject to the exclusive jurisdiction of the courts located in Delaware.