FormNX is operated by The Web Fosters, a firm based in India, GSTIN 21AVVPA3897K1Z3 ("The Web Fosters", "FormNX", "we", "us" or "our"). These Terms govern your use of the FormNX service, including our websites, applications and APIs.

If you use FormNX on behalf of an organization (for example, a public entity or a business), you agree to these Terms on behalf of that organization and confirm that you have the authority to do so. In that case, "you" and "your" refer to that organization.

Acceptance and Changes to These Terms

By registering for an account, you accept these Terms. We may update these Terms from time to time. The current version is always published on this page, and the "Last Updated" date above will change whenever we revise it. We do not send individual notifications of changes, so we recommend reviewing this page occasionally. Your continued use of FormNX after a change means you accept the updated Terms. If you do not agree to the Terms, please stop using FormNX and close your account.

The right of both parties to terminate the agreement without notice for good cause remains unaffected.

Operation and Hosting

The FormNX application and database are hosted with DigitalOcean in Frankfurt, Germany (FRA). Files uploaded through your forms are stored with Backblaze B2 in the EU Central region. All form data therefore resides within the European Union.

FormNX is protected by copyright and other intellectual property and proprietary rights laws. These Terms do not transfer to you any right, ownership or interest in our intellectual property.

Registration

Creating and managing forms requires a registered account. People who fill in and submit your published forms do not need an account. Registration is done through our website at https://formnx.com.

When registering, you must provide the required information. This includes your first and last name, email address and a password. To confirm your registration, you will receive an email containing a confirmation link. Clicking that link completes the registration.

Corporate customers can also register via an order form. Please contact our sales team at [email protected].

User Accounts

Your account is protected by a password, which we store only in irreversibly hashed form, or by signing in with Google. If you sign in with Google, any two-factor authentication you have enabled on your Google account also protects your FormNX account.

You are responsible for safeguarding your FormNX login credentials. Make sure that your credentials do not fall into the wrong hands, whether accidentally or in error. Do not disclose or share your credentials with any other person. If you suspect that an unauthorized person has access to your account, change your credentials immediately.

You are responsible for all activity on your account, whether or not you authorized that activity. You must immediately notify us by email at [email protected] of any unauthorized use of your account.

Acceptable Use

FormNX exists to help you collect information legitimately. You may not use FormNX to create, publish or distribute any form or content that:

• Impersonates another person, business or organization, or is designed to deceive people into disclosing credentials, passwords, financial details or other sensitive information (phishing);
• Is fraudulent, deceptive or intended to obtain money or data under false pretenses;
• Is used to send unsolicited bulk messages or spam, or to harvest contact details for that purpose;
• Collects payment card numbers, CVV codes or similar cardholder data directly into form fields, rather than through a supported payment integration;
• Contains or distributes pornographic, sexually explicit or obscene material, or material that sexualizes minors;
• Promotes violence, terrorism, self-harm, hate speech or harassment of any person or group;
• Distributes malware, viruses or any code intended to damage or gain unauthorized access to a system;
• Infringes the intellectual property, privacy or other rights of any person; or
• Is otherwise unlawful under the laws that apply to you or to us.

You are responsible for ensuring that the data you collect through your forms is collected lawfully and with any consent required in your jurisdiction. We operate automated systems that screen for phishing, spam and fraud. Forms that breach this section may be disabled and the associated accounts suspended or terminated without notice.

Google API Services User Data Policy

This section explains how FormNX uses data obtained through Google APIs. By using the relevant features, you agree to the terms set out here.

1. Account creation and sign-in

If you choose to sign up or sign in with Google, FormNX requests your Google account's email address and basic profile name using the userinfo.email scope. This is used only to create your account, or to sign you in if an account already exists. This happens only after you grant permission on Google's consent screen.

2. Google Sheets integration

What it does: FormNX can send your form submissions to a Google Sheet in your own Google Drive.

Scopes we request: if you choose to connect Google Sheets, we request the spreadsheets scope and the userinfo.email scope. We do not request access to your Gmail messages, your Drive files, or any other Google data.

Access token: once you authorize the connection, FormNX receives an access token and reads your Google account email address so that the token can be linked to the correct FormNX account.

Operations: within the spreadsheet you connect, FormNX may create spreadsheets, insert or append rows, and clear rows. These operations are performed only within the scope you granted.

3. Limited Use

FormNX's use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

AI Features

FormNX offers optional AI features that help you build a form, for example by generating fields from a description you type. When you use those features, the text you enter is sent to our AI provider, OpenAI, solely to generate your result. Your form submissions are never sent to any AI provider, and your content is not used to train AI models. AI features are opt-in, and you can use FormNX fully without them.

Subscriptions and Billing

FormNX is offered on a subscription basis. The features and resources available to you depend on the plan you select.

When you register, you start on a free plan. The free plan lets you evaluate FormNX and use it for personal and commercial purposes, within the feature and resource limits of that plan.

You can upgrade to a paid plan at any time from within your account. On upgrade, the resources of the higher plan become available immediately.

Automatic renewal. Paid subscriptions renew automatically at the end of each billing period, at the then-current price for your plan, until you cancel. You can cancel at any time from your account settings.

Failed payments. If a renewal payment fails, we will retry the payment over a short period. If payment still cannot be collected, your account will be downgraded to the free plan. Your data is not deleted at that point, but features and resources beyond the free plan's limits will no longer be available until you resubscribe.

Prices and taxes. Prices may change; any change applies from your next billing period. Prices are exclusive of any taxes, duties or levies that may apply in your jurisdiction, unless stated otherwise at checkout.

Lifetime Plans

Where we offer a lifetime plan, "lifetime" means the operational lifetime of the FormNX product, not the lifetime of the purchaser. A lifetime plan grants access to the features and limits described at the time of purchase, for as long as FormNX continues to operate the service. Lifetime plans are tied to a single account and are not transferable.

Payments You Collect Through Your Forms

FormNX lets you connect your own Stripe account so that people who fill in your forms can pay you directly. Where you use this feature:

• The contract for that sale is between you and the person paying. FormNX is not a party to it and is not the merchant of record;
• Funds are collected into your own Stripe account, subject to Stripe's own terms, which you accept separately with Stripe;
• You are solely responsible for fulfilling orders, for any refunds, chargebacks or disputes, and for any taxes arising from those sales;
• You are responsible for providing your own customers with any terms, refund policy and privacy notice required by law.

Refunds described elsewhere in these Terms apply only to what you pay FormNX for your own subscription, not to payments you collect from your form respondents.

Service Availability

We work to keep FormNX available at all times. However, we do not guarantee that the service will be uninterrupted, timely or error-free. Technical difficulties, maintenance, testing, or updates required to reflect changes in law may from time to time result in temporary interruptions.

Our services depend on DigitalOcean and Backblaze, and any interruption or limitation affecting those providers may affect the availability and functionality of FormNX. We reserve the right, at any time, to modify or discontinue functions and features of the service, temporarily or permanently, with advance notice where possible, and without liability to you except where prohibited by law.

Fair Usage Policy

Our Fair Usage Policy is designed to prevent abuse of our products by a small number of users. FormNX may not be used in any way that:

• Consumes network capacity disproportionate to the number of users on, or the capacity of, the service tier you subscribe to;
• Overburdens our servers;
• Interferes with the normal functioning of the service; or
• Otherwise constitutes misuse.

We expect users to use the service reasonably, and we reserve the right to throttle or block accounts consuming an unreasonable amount of network resources.

Suspension and Termination

We may suspend or terminate access to FormNX where a user breaches these Terms, including our Acceptable Use and Fair Usage policies.

Where the breach is severe or unlawful, including phishing, fraud, malware or illegal content, we may suspend or terminate immediately and without notice. In all other cases we will normally contact you first and give you a reasonable opportunity to resolve the issue, and where we terminate an account that is not at fault, we will give you a reasonable period to export your data and refund any unused portion of a prepaid subscription on a pro-rata basis.

Support

Support is available through our online channels, including the chat widget on our website, our support widgets and our knowledge base. We aim to help to the best of our abilities; however, FormNX does not guarantee a specific response time unless you are covered by a separate enterprise or custom agreement.

Cancellation and Refund Policy

You may cancel your subscription at any time through your account settings or by contacting our support team at [email protected]. Upon cancellation:

• Your subscription will remain active until the end of your current billing period;
• You will not be billed for subsequent periods;
• No partial refunds will be issued for unused time in the current billing period;
• Your data will remain accessible until the end of your billing period, after which your account moves to the free plan.

Refund requests are handled on a case-by-case basis under the following circumstances:

• Technical issues that severely impacted service availability for an extended period;
• Billing errors or duplicate charges;
• Cancellation within 48 hours of initial subscription (cooling-off period).

If you are a consumer resident in the European Union or the United Kingdom, you may have a statutory right to withdraw from a distance contract within 14 days. Nothing in this section limits that right.

To request a refund, please contact our support team at [email protected] with your account details and the reason for the request. Refund requests will be reviewed within 5 business days. If approved, refunds are processed to the original payment method and may take a further 5 to 10 business days to appear, depending on your bank or card issuer.

FormNX reserves the right to refuse refund requests that do not comply with this policy or that are made in bad faith.

Your Content

You retain all rights to the forms you create and the responses you collect. We do not sell your forms or responses, and we do not use them for any purpose unrelated to providing the service to you. We process that data on your behalf as described in our Privacy Policy.

Where you act as a data controller subject to the GDPR, UK GDPR, Canada's PIPEDA or Quebec's Law 25, or a US state privacy law such as the CCPA, our pre-signed Data Processing Agreement is incorporated into and forms part of these Terms.

Disclaimer of Warranties

To the maximum extent permitted by law, FormNX is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the service will meet your requirements, that it will be uninterrupted, secure or error-free, or that any data will be permanently preserved without loss. You are responsible for keeping your own copies of data that matters to you; export tools are provided for this purpose.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

Limitation of Liability

To the maximum extent permitted by law, FormNX and The Web Fosters will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, goodwill, business opportunity, or loss or corruption of data, arising out of or relating to your use of, or inability to use, the service, regardless of the theory of liability and even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the service will not exceed the greater of (a) the total amount you paid us for the service in the twelve months immediately preceding the event giving rise to the claim, or (b) USD 100.

Indemnity

You agree to indemnify and hold harmless The Web Fosters, its owner and its personnel from and against any claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or relating to: your use of the service; the content of the forms you create and the data you collect; your breach of these Terms, including the Acceptable Use section; your infringement of any third party's rights; or your breach of any applicable data protection or consumer law.

Governing Law and Jurisdiction

These Terms are governed by the laws of India, without regard to conflict of law principles. The courts located in the State of Odisha, India, will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the service, except that we may seek injunctive relief in any competent court to protect our intellectual property or to stop unlawful use of the service.

If you are a consumer, this does not deprive you of the protection of any mandatory provisions of the law of the country in which you reside.

General

Severability. If any provision of these Terms is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets.

Entire agreement. These Terms, together with our Privacy Policy, form the entire agreement between you and us regarding the service, and supersede any prior agreements on that subject.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, war, civil unrest, industrial action, failures of telecommunications or internet infrastructure, or acts of government.

Contact

If you have any questions about these Terms, please contact us at [email protected].

Related

• Privacy Policy — what data we collect and how we handle it
• Data Processing Agreement — pre-signed DPA for customers who need one
• GDPR — how FormNX supports GDPR compliance, including our sub-processors