Terms of Service

Effective Date: January 1, 2025

Welcome to Popform. These Terms of Service ("Terms") govern your access to and use of the website at popform.ai and the services, features, content, and applications offered by Popform, Inc. ("Popform," "we," "us," or "our") (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you confirm that you:

• Are at least 18 years of age or the age of legal majority in your jurisdiction.
• Have the authority to enter into these Terms on behalf of yourself or the organization you represent.
• Agree to comply with all applicable laws and regulations in connection with your use of the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Popform provides a platform for creating interactive forms, collecting data, managing documents, and facilitating electronic signatures. Our Services include, but are not limited to:

• Form Builder: Tools for creating, customizing, and deploying interactive forms and surveys.
• Document Management: Features for creating, storing, and organizing documents.
• Electronic Signatures: Capabilities for sending, signing, and managing legally binding electronic signatures in compliance with applicable laws.
• Integrations: Connections to third-party services and applications.
• Analytics: Insights and reporting on form submissions and document activity.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password.
• Not share your account credentials with others.
• Notify us immediately of any unauthorized access to or use of your account.
• Log out of your account at the end of each session on shared devices.

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Restrictions

You may not:

• Create more than one account per individual without our prior written consent.
• Use another person's account without their permission.
• Create an account using false or misleading information.
• Create accounts through automated means (bots, scripts, etc.).

4. Subscription Plans and Billing

4.1 Free and Paid Plans

Popform offers both free and paid subscription plans. The features, limitations, and pricing for each plan are described on our pricing page at popform.ai/pricing.

4.2 Payment Terms

For paid plans:

• You agree to pay all applicable fees as described at the time of purchase.
• Fees are billed in advance on a monthly or annual basis depending on your selected plan.
• All payments are processed through our third-party payment processor and are subject to their terms of service.
• Fees are non-refundable except as expressly stated in these Terms or as required by law.

4.3 Automatic Renewal

Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.

4.4 Price Changes

We reserve the right to change our pricing at any time. We will provide you with at least 30 days' advance notice of any price increase. Continued use of the Services after a price change takes effect constitutes your agreement to the new pricing.

4.5 Taxes

You are responsible for all applicable taxes associated with your use of the Services, except for taxes based on Popform's net income.

5. Acceptable Use

5.1 Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms. You are responsible for all content you create, upload, or share through the Services.

5.2 Prohibited Conduct

You agree not to:

• Use the Services for any illegal, harmful, or fraudulent purpose.
• Violate any applicable laws, regulations, or third-party rights.
• Upload or transmit viruses, malware, or any other harmful code.
• Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems.
• Interfere with or disrupt the Services or servers connected to the Services.
• Use the Services to send spam, unsolicited communications, or phishing attempts.
• Scrape, crawl, or use automated means to access the Services without our prior written consent.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Resell, sublicense, or redistribute the Services without our prior written consent.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Use the Services to collect personal information of others without their consent.
• Use the Services to create forms or documents that are deceptive, misleading, or fraudulent.

5.3 Content Standards

Content you create or share through the Services must not:

• Be defamatory, obscene, abusive, or discriminatory.
• Infringe on any intellectual property or proprietary rights of others.
• Contain false or misleading information presented as fact.
• Violate the privacy or publicity rights of any third party.

6. Intellectual Property

6.1 Popform's Intellectual Property

The Services, including all software, designs, text, graphics, logos, icons, and other content provided by Popform, are owned by or licensed to Popform and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms.

6.2 Your Content

You retain ownership of all content you create, upload, or share through the Services ("Your Content"). By using the Services, you grant Popform a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and display Your Content solely as necessary to provide and improve the Services.

This license terminates when you delete Your Content or your account, except where Your Content has been shared with others and they have not deleted it, or where retention is required by law.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us the right to use that feedback without restriction or compensation to you.

7. Electronic Signatures

7.1 Legal Validity

Popform's electronic signature features are designed to comply with applicable electronic signature laws, including the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA). Electronic signatures created through our Services are intended to be legally binding and enforceable.

7.2 Consent to Electronic Transactions

By using our electronic signature features, you consent to conduct transactions electronically and acknowledge that electronic signatures, records, and notices have the same legal effect as their paper equivalents.

7.3 Audit Trail

We maintain audit trails for electronic signature transactions, including timestamps, IP addresses, email addresses, and other authentication information, to support the validity and enforceability of electronically signed documents.

7.4 Your Responsibilities

You are responsible for:

• Ensuring that all parties to a document consent to the use of electronic signatures.
• Verifying the identity of signers where appropriate.
• Complying with any industry-specific regulations that may apply to your documents.
• Retaining copies of signed documents as required by applicable law.

8. Third-Party Services and Integrations

The Services may integrate with or contain links to third-party services, applications, or websites. We are not responsible for the content, privacy practices, or availability of any third-party services. Your use of third-party services is governed by their respective terms and policies.

9. Privacy

Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy. By using the Services, you agree to our Privacy Policy.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, POPFORM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE.
• ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

POPFORM DOES NOT PROVIDE LEGAL ADVICE. WHILE OUR ELECTRONIC SIGNATURE FEATURES ARE DESIGNED TO COMPLY WITH APPLICABLE LAWS, WE DO NOT GUARANTEE THE LEGAL VALIDITY OR ENFORCEABILITY OF ANY DOCUMENT OR SIGNATURE IN ANY JURISDICTION. YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY FOR LEGAL ADVICE REGARDING ELECTRONIC SIGNATURES AND RECORDS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POPFORM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless Popform and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your Content or any content you submit through the Services.
• Any dispute between you and a third party arising from your use of the Services.

13. Termination

13.1 By You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Services will cease immediately.

13.2 By Us

We may suspend or terminate your account at any time, with or without cause and with or without notice, if we believe that you have violated these Terms or for any other reason at our sole discretion.

13.3 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease.
• We may delete your account data, including Your Content, after a reasonable retention period (typically 30 days).
• Provisions of these Terms that by their nature should survive termination will continue to apply, including Sections 6, 10, 11, 12, 14, and 15.
• You remain responsible for any fees incurred prior to termination.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

14.2 Arbitration

Any dispute arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California.

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Popform regarding the Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Notices

We may provide notices to you through the Services, via email to the address associated with your account, or by any other reasonable means. You may contact us using the information provided in Section 16.

15.6 Force Majeure

Popform shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.

16. Contact Us

If you have any questions about these Terms, please contact us:

• Email: legal@popform.ai
• Address: Popform, Inc., San Francisco, CA
• Website: https://www.popform.ai