Terms and Conditions

Welcome to InfiForm. These Terms and Conditions ("Terms," "Agreement") govern your access to and use of the website, applications, APIs, and services provided by InfiForm ("we," "us," or "our"), located at infiform.com (the "Platform" or "Service").

By registering for an account, accessing the Platform, or publishing forms through InfiForm, you ("Customer," "Creator," or "User") agree to be legally bound by these Terms and our Privacy Policy. If you are agreeing to these Terms on behalf of an organization or corporate entity, you represent and warrant that you have the requisite legal authority to bind that entity.

1. Eligibility & Account Registration

1. Eligibility: You must be at least 18 years of age (or the legal age of majority in your jurisdiction) to enter into this Agreement, or at least 13 years of age (16 in the European Economic Area) with explicit parental or legal guardian consent.
2. Account Security: When registering for an account, you must provide accurate, current, and complete information. You are solely responsible for safeguarding your login credentials and for any activities or actions under your account. You must immediately notify us of any unauthorized use or security breach.
3. Organizations & Workspaces: InfiForm provides multi-tenant organization and workspace functionality. As an Organization Owner or Admin, you control access rights, workspace creation, and team invitations. You are responsible for ensuring that invited team members comply with these Terms.

2. Permitted Use & Acceptable Use Policy

InfiForm empowers creators to build engaging, interactive forms, surveys, and quizzes. However, you agree to use our Services responsibly and in strict compliance with all applicable laws.

Strict Prohibitions

You agree NOT to use InfiForm to:

• Phishing & Credential Harvesting: Create forms intended to deceive respondents or collect sensitive passwords, account credentials, social security numbers, or raw credit card data without authorization.
• Malware & Exploits: Upload or transmit files containing malicious code, trojans, worms, ransomware, or scripts designed to disrupt or compromise third-party systems.
• Unlawful or Fraudulent Schemes: Conduct pyramid schemes, fraudulent prize lotteries, counterfeit product sales, or deceptive marketing practices.
• Harassment & Defamation: Post, distribute, or solicit hate speech, violent threats, harassment, defamatory statements, or explicit non-consensual imagery.
• Spam & Bulk Unsolicited Messages: Distribute links to forms via automated mass spam or unsolicited email campaigns in violation of CAN-SPAM, CASL, or equivalent international anti-spam legislation.
• Reverse Engineering: Decompile, reverse engineer, disassemble, scrape, or extract source code, design assets, or underlying infrastructure of the Platform.

We reserve the right to review published forms and immediately suspend or terminate any form or account found to violate these standards without prior notice or refund.

3. Form Creator Responsibilities to Respondents

When collecting data through forms hosted on InfiForm, you act as the independent Data Controller of that data:

1. Notice & Consent: You are solely responsible for providing appropriate privacy disclosures, obtaining necessary consents, and complying with all applicable data protection laws (including GDPR, CCPA/CPRA, and HIPAA, where relevant).
2. Data Sensitivity: You agree not to collect protected health information (PHI) subject to HIPAA regulations or sensitive biometric data without prior written authorization from InfiForm.
3. Data Subject Requests: You agree to promptly handle and fulfill any data access, rectification, or deletion requests submitted by your form respondents.

4. Intellectual Property & Content Ownership

1. Your Content & Ownership: You retain 100% ownership and copyright over all form questions, answers, respondent submissions, text, logos, trademarks, and media assets that you create or upload to InfiForm ("User Content"). We claim no intellectual property rights over your User Content.
2. License to InfiForm: You grant InfiForm a worldwide, royalty-free, non-exclusive license solely to host, store, transfer, display, format, and run your forms for the purpose of operating and providing the Service to you and your respondents.
3. InfiForm Intellectual Property: InfiForm, its logos, software code, UI interfaces, vector background designs, curated themes, documentation, and system architecture are the exclusive property of InfiForm and its licensors. You may not copy, replicate, or resell our platform or design assets without prior written consent.

5. Plans, Billing, and Subscriptions

1. Free Forever Plan: InfiForm offers a generous Free tier that includes core form-building capabilities, vector background customization, and unlimited form submissions subject to standard fair use.
2. Pro Subscriptions: Paid subscription plans provide enhanced features such as custom domains, advanced question logic, team workspace collaboration, file upload storage limits, and priority support.
3. Billing Cycles & Automatic Renewal: Paid subscriptions are billed in advance on a recurring monthly or annual basis via Stripe. Your subscription will automatically renew at the end of each billing period unless canceled prior to the renewal date.
4. Upgrades & Downgrades: Upgrades take effect immediately with pro-rated billing. Downgrades take effect at the conclusion of the current prepaid billing period.
5. Taxes: All subscription fees are exclusive of applicable sales tax, VAT, or goods and services tax (GST) unless explicitly stated otherwise.
6. Refunds: All refund requests are governed by our Refund Policy. Generally, refunds are available within 14 days of initial paid purchase upon request to support.

6. Unlimited Submissions & Fair Use Policy

InfiForm is committed to transparent, predictable pricing without punitive response caps. Our "Unlimited Submissions" feature is designed for normal human form interactions:

• Fair Use: High-volume traffic from real human users is welcomed and fully supported.
• Automated Abuse: Submissions generated through automated bots, DDoS attacks, or programmatic load-testing scripts without prior authorization are strictly prohibited and will be rate-limited or blocked.

7. AI Form Generation Features

InfiForm provides artificial intelligence tools to assist you in drafting forms, generating field structures, and suggesting color palettes:

• Ownership of AI Output: Subject to your compliance with these Terms, you own the form layouts and text generated through your prompts.
• Creator Responsibility: AI-generated suggestions may occasionally produce inaccurate or incomplete content. You are responsible for reviewing, testing, and verifying the accuracy and appropriateness of any AI-generated forms before distributing them to respondents.

8. Service Availability & Maintenance

We strive to maintain 99.9% uptime for published forms and web applications. However:

1. As-Is Provision: The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied.
2. Scheduled Maintenance: We may occasionally perform scheduled maintenance to upgrade systems, apply security patches, or enhance performance. We will endeavor to schedule maintenance during low-traffic windows.
3. Modifications: We reserve the right to modify, enhance, or deprecate features of the Service with reasonable advance notice when feasible.

9. Termination & Account Deletion

1. Termination by You: You may stop using the Platform and cancel your subscription at any time via your Account Settings. You may also request account deletion, after which your workspace data will be queued for permanent removal.
2. Termination by InfiForm: We may suspend or terminate your account immediately if:
   • You breach any provision of these Terms or our Acceptable Use Policy.
   • We receive repeated complaints of phishing or fraud linked to your forms.
   • Required by legal or governmental authorities.
3. Effect of Termination: Upon termination, your right to use the Platform ceases immediately. Published forms will no longer accept responses, and you must download any necessary submission exports prior to termination.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

1. No Indirect Damages: IN NO EVENT SHALL INFIFORM, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE PLATFORM.
2. Aggregate Liability Cap: IN NO EVENT SHALL INFIFORM'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100 USD), OR (B) THE TOTAL AMOUNT PAID BY YOU TO INFIFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless InfiForm, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service.
• Your User Content, form questions, or data collected from respondents.
• Any violation of these Terms or applicable laws by you or any user of your account.
• Any dispute between you and any of your form respondents.

12. Governing Law & Dispute Resolution

1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
2. Informal Resolution: Before filing any formal claim or legal action, you agree to attempt to resolve the dispute informally by contacting our legal team at legal@infiform.com.
3. Arbitration Agreement: Any dispute or claim arising out of or relating to this Agreement that cannot be resolved informally shall be resolved by binding individual arbitration conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. You agree that disputes will be resolved on an individual basis and waive any right to participate in a class-action lawsuit or class arbitration.

13. Modifications to Terms

We reserve the right to revise or replace these Terms at any time. When material updates are made, we will update the "Last updated" date at the top of this document and notify active users via email or within the application at least thirty (30) days prior to the effective date. Your continued use of InfiForm following the effective date of revised Terms constitutes your full acceptance of the revisions.

14. Contact Us

If you have any questions, feedback, or legal inquiries regarding these Terms and Conditions, please contact us:

• Legal Inquiries: legal@infiform.com
• Support Team: support@infiform.com
• Website: https://infiform.com