Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and nisuform ("nisuform", "we", "us", or "our") governing your access to and use of the nisuform website, application, API, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you use the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1. Accounts

You may need an account to use certain features of the Service. You agree to provide accurate and complete information when creating your account and to keep it up to date. You are responsible for safeguarding your credentials, for all activity that occurs under your account, and for notifying us promptly at support@nisuform.com if you suspect any unauthorized access. You must be at least 16 years old to create an account.

2. Forms and Submissions

The Service allows you to create forms, connect them to your websites, and collect submissions ("Submissions") from your respondents. You acknowledge and agree that:

• You are the controller of the personal data contained in Submissions, and nisuform processes that data only on your behalf as a service provider. Our Data Processing Agreement governs that processing where applicable.
• You are solely responsible for the lawfulness of your collection of Submissions, including obtaining any required consents, providing required notices to respondents, and complying with all applicable laws such as the GDPR, CCPA, and anti-spam laws.
• You are responsible for configuring, monitoring, and exporting your forms and Submissions. We strongly recommend regular exports.

3. Acceptable Use

You agree not to use the Service to:

• Collect, transmit, or store content that is unlawful, defamatory, fraudulent, infringing, obscene, or that violates any applicable law or third-party right.
• Phish, deceive, or impersonate any person or entity, or collect data under a false pretext.
• Send unsolicited bulk messages or use the Service for spam of any kind.
• Upload or distribute viruses, malware, or other harmful code, or attempt to gain unauthorized access to the Service or related systems.
• Probe, scan, or test the vulnerability of the Service, circumvent usage limits, or interfere with other customers' use of the Service.
• Use the Service in violation of applicable export controls or sanctions laws.

We may suspend or terminate accounts that violate these rules, and may report illegal activity to the appropriate authorities.

4. Subscriptions and Billing

The Service is offered on a free plan and paid subscription plans. Paid plans are billed in advance on a monthly or annual basis through our payment provider, Polar. By purchasing a subscription you agree to pay the fees displayed at checkout, which are stated in US dollars and exclusive of any applicable taxes unless stated otherwise.

Subscriptions renew automatically at the end of each billing cycle unless you cancel before the renewal date. You can cancel at any time from your account settings; cancellation takes effect at the end of the current billing period, and you retain access until then. Fees already paid are generally non-refundable, except where required by law or where we decide, at our discretion, to issue a refund. If we change our prices, we will give you reasonable advance notice, and the new prices apply from your next billing cycle.

5. Your Content

You retain all rights to the forms you create and the Submissions you receive. You grant us a limited, worldwide, non-exclusive license to host, store, reproduce, and process that content solely as necessary to provide, secure, and improve the Service, including transmitting email notifications and preventing abuse. You are responsible for having the rights needed to submit content to the Service.

6. Our Intellectual Property

The Service, including its software, design, text, graphics, logos, and trademarks, is owned by nisuform or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights in the Service are transferred to you. You may not copy, modify, reverse engineer, or create derivative works of the Service except to the extent permitted by applicable law.

7. Third-Party Services

The Service relies on carefully selected third-party providers for hosting, email delivery, storage, and payments, including Supabase, Resend, Cloudflare, and Polar. Your use of third-party services linked from the Service is governed by those providers' own terms. We are not responsible for third-party services, but we do select and monitor them as described in our DPA.

8. Availability and Changes

We work hard to keep the Service available, but we do not guarantee uninterrupted or error-free operation. We may add, change, or remove features, and may modify or discontinue parts of the Service. If a change materially reduces the core functionality of a paid subscription, we will notify you in advance where reasonably possible. Features offered as beta or early access are provided without availability commitments.

9. Suspension and Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay fees when due, or create legal risk for us or other users. Where practicable, we will give you notice and a reasonable opportunity to resolve the issue. Upon termination, your right to use the Service ends immediately, and we may delete your data in accordance with our Privacy Policy.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or free of errors or that Submissions will be delivered without loss. Some jurisdictions do not allow the exclusion of certain warranties, in which case these exclusions apply to the fullest extent permitted.

11. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from or relating to the Service. Our total aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of the amounts you paid us in the twelve months before the first event giving rise to liability or USD 100. These limitations do not apply to liability that cannot be excluded by law, such as liability for gross negligence, willful misconduct, or data processing obligations under the applicable Data Processing Agreement.

12. Indemnification

You agree to indemnify and hold harmless nisuform and its personnel from claims, damages, and reasonable costs (including legal fees) arising from your content, your forms, your collection or use of Submissions, or your violation of these Terms or applicable law.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The parties will first attempt to resolve any dispute informally; if that fails within 30 days, the dispute will be brought exclusively in the state or federal courts located in Delaware, and both parties consent to their jurisdiction. Nothing in this section limits either party's ability to seek injunctive relief, or your mandatory consumer rights under the law of your country of residence.

14. Changes to These Terms

We may update these Terms from time to time. We will post the updated version on this page with a new "Last updated" date and, for material changes, will notify you by email or through the Service at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms? Reach us at support@nisuform.com or through the contact options listed on our website.