FormKit Terms of Service
Last updated: September 13, 2022
Welcome! These Terms of Service (“Terms”) govern your use of FormKit (“FormKit” or “Services”), a set of related websites and downloadable software including formkit.com, pro.formkit.com, and FormKit Pro, owned and operated by FormKit, Inc. (“FormKit”, “us, “we”, or “our”), a Delaware Corporation.
YOU INDICATE YOUR AGREEMENT TO THESE TERMS BY CLICKING, CHECKING, OR TAPPING A CHECKBOX TO THAT EFFECT, BY COMPLETING THE REGISTRATION PROCESS, OR BY USING ANY OF OUR SERVICES.
Permitted Use
You may use FormKit provided that:
- You have a valid Project Key installed on your project.
- You are the legal age of majority under applicable law to form a binding contract with us.
- You are not barred from receiving such services under the laws of the United States or other jurisdictions.
- And have provided current and factual identification, contact, and other information as part of the registration process.
If you do not meet all of the preceding requirements, you must not access or use FormKit.
Project Keys
A Project Key (“License Key” or “License”) grants you the right to use any of the paid or closed-source Services (“Paid Services”) on unlimited development sites. Each Project Key is associated with a single project and notifies FormKit which of the Paid Services are in use so we can appropriately charge projects in production.
In addition to a Project Key, a payment method is also required when Paid Services are used in production.
Restrictions
Except as otherwise expressly authorized in these Terms, you will not, and will ensure your employees, contractors, and other persons associated with your account (“Authorized Users”) do not, and will not encourage or assist third parties to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, underlying structure, ideas, know-how, or algorithms of our Paid Services.
- Provide, sell, resell, transfer, sublicense, lend, rent, or otherwise allow others to access or use our Paid Services.
- Modify, create derivative works of, or remove proprietary notices from the Services.
- Use the Software in violation of any United States or international law or regulation.
- Impersonate anyone or misrepresent your connection with any person or entity.
- Access or use the Services in a manner intended to avoid incurring fees owed to FormKit.
Charges and Payment
Pricing. Services are offered under multiple pricing plans, the specifications of which are available at www.formkit.com/pro or on individual feature and product pages. Your rights and obligations depend partly on the pricing plan or features you use. We reserve the right to update prices at any time.
Payment Terms and Recurring Charges. When you purchase Services or use Services in production, you expressly authorize us or our third-party payment processor to charge you for such Services on a recurring monthly or annual basis and to be automatically charged using your Payment Methods. You represent and warrant that you have the legal right to use all payment methods that you provide to us. We reserve the right to deactivate, terminate, prevent access to, disable services for, and delete any accounts or access to Services at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your Payment Methods upon invoicing.
FormKit is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by FormKit. Currency exchange settlements will be based on agreements between you and your credit card provider.
Refunds. FormKit is not obligated to issue refunds of any kind or amount.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease.
If you wish to terminate your account, you may do so only if you are not actively using our Services in production. If you need help closing your account, contact us at support@formkit.com.
Privacy Policy
Our Privacy Policy governs how we collect, use and disclose your personal information.
Intellectual Property
You understand and agree that FormKit, its Services, features, and functionality, including, but not limited to, all software, websites, code, text, displays, graphics, photographs, video, audio, design, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Our name, logo, trademarks, and all related names, logos, Service names, designs, images, and slogans are our trademarks, affiliates, or licensors. You must not use such marks without our prior written permission.
FormKit respects the intellectual property of others and asks that you do the same.
We claim no intellectual property rights over any material you provide to us. Your profile and content uploaded remain yours.
Indemnification
You agree to indemnify and hold harmless FormKit and its officers, directors, employees, and agents from any third-party claims, actions, or suits, as well as any related expenses, liabilities, damages, settlements, or fees arising from your use or misuse of the Services, or a violation of any of the Terms.
Disclaimer of Warranty
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT:
- THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- THE SERVICES WILL ALWAYS BE AVAILABLE;
- THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK ONLY.
Limitations of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL FORMKIT NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, ANY INFORMATION YOU INTENTIONALLY OR INADVERTENTLY PROVIDE US, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
IN NO EVENT WILL FORMKIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FORMKIT IN THE PRECEDING TWELVE MONTHS FOR THE SERVICES. IF YOU HAVE NOT HAD ANY SUCH PAYMENT OBLIGATIONS, FORMKIT’S TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).
Governing Law
These Terms will be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Services or the Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and FormKit regarding the Services and supersede all prior and contemporaneous agreements, representations, and warranties.
Severability
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Changes
We reserve the right in our sole discretion to revise and update these Terms at any time. All such modifications are effective immediately upon posting to the FormKit website and apply to all access to and continued use of the Services.