Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and NodumForms, Inc. ("NodumForms," "we," "us," or "our"), governing your access to and use of the NodumForms platform, website located at nodumforms.com, APIs, and any related services (collectively, the "Service").

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

If you do not agree to these Terms, you must not access or use the Service. Continued use of the Service after any modifications to these Terms constitutes acceptance of the revised Terms.

2. Description of Service

NodumForms is a software-as-a-service ("SaaS") platform that enables users to create, publish, and manage online forms, surveys, and questionnaires. The Service includes, but is not limited to, the following features:

• A drag-and-drop form builder with customizable question types, logic, and layouts
• Collection, storage, and management of form responses and submissions
• File upload capabilities allowing form respondents to attach files to their submissions
• Data export functionality, including CSV and other supported formats
• Custom branding options, including logo, color, and typography customization
• Analytics and reporting dashboards for form performance and response data
• API access for programmatic integration with third-party services
• Form templates and pre-built layouts to accelerate form creation

We reserve the right to modify, enhance, or discontinue any feature of the Service at any time, with or without notice, subject to the provisions in Section 15 of these Terms.

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. Account authentication is managed through our third-party authentication provider (currently Clerk). You may register using an email address and password, or through supported single sign-on providers (e.g., Google, GitHub).

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify NodumForms at support@nodumforms.com if you become aware of any unauthorized use of your account or any other breach of security.

3.3 Account Eligibility

You must be at least 16 years of age to create an account and use the Service. If you are under 18, you represent that you have obtained parental or guardian consent. By using the Service, you represent and warrant that you meet these eligibility requirements.

3.4 One Account per Person

Each individual may maintain only one free account. Creating multiple free accounts to circumvent plan limits or for any other purpose is a violation of these Terms and may result in termination of all associated accounts.

4. Plans and Pricing

4.1 Free Plan

NodumForms offers a free tier that includes up to 5 active forms and 10,000 form responses per calendar month. The Free plan is subject to feature limitations as described on our pricing page. We reserve the right to modify the limits and features of the Free plan at any time.

4.2 Pro Plan

The Pro plan is available for $5.00 USD per month or $40.00 USD per year (or the then-current price displayed at the time of purchase) and includes up to 100 active forms and 2,000,000 form responses per calendar month. The Pro plan includes additional features such as all 10 question types, remove NodumForms branding, file upload capabilities, and priority email support as described on our pricing page.

4.3 Enterprise Plan

The Enterprise plan provides unlimited forms, unlimited responses, and additional enterprise-grade features including dedicated support, custom SLAs, SSO/SAML integration, and advanced security controls. Enterprise pricing is determined on a per-organization basis. Contact support@nodumforms.com for a custom quote.

4.4 Plan Changes

You may upgrade or downgrade your plan at any time through the Service. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of your current billing cycle. Downgrades take effect at the start of your next billing cycle. If you downgrade and your usage exceeds the limits of your new plan, you may be required to reduce your usage (e.g., archive forms) before the downgrade can be completed.

4.5 Price Changes

We may change our pricing at any time. For existing paid subscribers, price changes will take effect at the start of the next billing cycle following at least 30 days' written notice (via email to the address associated with your account). Your continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Payment Terms

5.1 Billing

All paid plans are billed in advance on a monthly or annual recurring basis, depending on the billing cycle you select at the time of purchase. Payment processing is handled by Stripe, Inc. ("Stripe"), our third-party payment processor. By subscribing to a paid plan, you agree to Stripe's terms of service and authorize NodumForms to charge your designated payment method on a recurring basis.

5.2 Payment Methods

We accept payment methods supported by Stripe, including major credit and debit cards. You are responsible for keeping your payment information current. If your payment method fails or your account is past due, we may suspend or restrict your access to paid features until payment is received.

5.3 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any such taxes that may apply to your purchase, excluding taxes based on NodumForms' net income.

5.4 Refunds

NodumForms offers a 14-day money-back guarantee for new paid subscriptions. If you are not satisfied with the Service, you may request a full refund within 14 days of your initial purchase by contacting support@nodumforms.com. After the 14-day period, payments are non-refundable except where required by applicable law. If you cancel your subscription, you will retain access to paid features through the end of your current billing period. No partial refunds or credits will be issued for unused portions of a billing cycle.

5.5 Free Trial

We may offer free trial periods for paid plans from time to time. At the end of a trial period, you will be automatically charged for the applicable plan unless you cancel before the trial expires. Trial eligibility is limited to one trial per user or organization.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Collect personal information from individuals without their informed consent or in violation of applicable data protection laws (including GDPR, CCPA, and similar regulations)
• Create forms that facilitate phishing, fraud, scams, or any form of deceptive practice
• Distribute malware, viruses, or any other harmful code through forms, file uploads, or any other feature of the Service
• Transmit or collect content that is unlawful, defamatory, obscene, threatening, harassing, or that infringes on the intellectual property rights of any third party
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, its servers, or any network connected to the Service
• Use automated means (bots, scrapers, crawlers) to access or interact with the Service, except through our published APIs in accordance with their documentation and rate limits
• Resell, redistribute, or sublicense the Service or any part thereof without our express written consent
• Circumvent or attempt to circumvent any usage limits, rate limits, or other technical restrictions of the Service
• Use the Service to send unsolicited communications (spam) or to harvest email addresses or other contact information
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including without limitation removing content, suspending or terminating the offender's account, and reporting the offender to law enforcement authorities.

7. Intellectual Property

7.1 NodumForms IP

The Service, including all software, code, design, text, graphics, logos, icons, images, audio clips, data compilations, and the arrangement thereof (collectively, "NodumForms Content"), is the exclusive property of NodumForms or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. The NodumForms name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NodumForms. You may not use such marks without our prior written permission.

7.2 License to Use the Service

Subject to your compliance with these Terms, NodumForms grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business or personal purposes. This license does not include the right to modify, copy, distribute, sell, lease, or create derivative works of the Service or any NodumForms Content.

7.3 Feedback

If you provide NodumForms with any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Service ("Feedback"), you grant NodumForms a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose without restriction or obligation to you.

8. User Content and Data

8.1 Your Content

"User Content" means any content you create, upload, submit, or transmit through the Service, including but not limited to form configurations, questions, descriptions, images, branding assets, and any other materials you provide. You retain all ownership rights in your User Content.

8.2 License to NodumForms

By submitting User Content to the Service, you grant NodumForms a worldwide, non-exclusive, royalty-free license to use, reproduce, process, store, and display your User Content solely to the extent necessary to provide, maintain, and improve the Service. This license terminates when you delete your User Content or your account, except to the extent that backup copies may persist for a reasonable period in accordance with our data retention practices.

8.3 Content Responsibility

You are solely responsible for your User Content and the consequences of submitting and publishing it through the Service. You represent and warrant that: (a) you own or have the necessary rights to use and authorize NodumForms to use your User Content as described herein; (b) your User Content does not infringe, violate, or misappropriate any third-party rights, including intellectual property rights, privacy rights, or publicity rights; and (c) your User Content complies with these Terms and all applicable laws and regulations.

8.4 File Uploads

If you enable file upload fields in your forms, you are responsible for the content uploaded by your form respondents. NodumForms is not liable for the nature, legality, or appropriateness of files uploaded through your forms. File uploads are subject to size limits, type restrictions, and storage quotas as specified in your plan. We reserve the right to scan uploaded files for malware and to remove any files that violate these Terms.

9. Form Response Data

9.1 Ownership

"Response Data" means all data, information, and files submitted by respondents through forms you create using the Service. You own your Response Data. NodumForms does not claim any ownership rights over your Response Data.

9.2 Data Processing

NodumForms processes Response Data solely on your behalf and as necessary to provide the Service. We act as a data processor (as defined under GDPR) or service provider (as defined under CCPA) with respect to Response Data. We will not sell, share, or use your Response Data for any purpose other than providing and improving the Service, unless we have your explicit consent or are required to do so by law.

9.3 Data Portability

You may export your Response Data at any time through the Service's built-in export features (e.g., CSV export) or via our API. Upon termination of your account, you will have a 30-day grace period to export your Response Data before it is permanently deleted from our active systems.

9.4 Data Retention and Deletion

We retain Response Data for as long as your account is active or as needed to provide the Service. You may delete individual responses or entire form datasets at any time. Deleted data is removed from our active systems within 30 days and from backup systems within 90 days. We may retain anonymized, aggregated data that does not identify you or your respondents for analytics and product improvement purposes.

9.5 Data Controller Responsibilities

As the form creator, you are the data controller for any personal data collected through your forms. You are responsible for: (a) providing appropriate privacy notices to your form respondents; (b) obtaining any necessary consents for data collection; (c) responding to data subject access requests; and (d) ensuring your data collection practices comply with all applicable data protection laws. NodumForms provides tools to assist you with these obligations but does not assume your responsibilities as a data controller.

10. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

For Enterprise customers, we may enter into a separate Data Processing Agreement ("DPA") that supplements these Terms and provides additional data protection commitments. In the event of a conflict between the DPA and these Terms regarding data protection matters, the DPA shall prevail.

11. Service Availability and SLA

11.1 Availability

NodumForms strives to maintain high availability of the Service. We target 99.9% uptime for our core form rendering and response collection services, measured on a monthly basis. However, we do not guarantee uninterrupted or error-free operation of the Service.

11.2 Scheduled Maintenance

We may perform scheduled maintenance that could temporarily affect the availability of the Service. We will provide at least 24 hours' advance notice of scheduled maintenance windows through our status page or email notification. Scheduled maintenance windows are excluded from uptime calculations.

11.3 Force Majeure

NodumForms shall not be liable for any failure or delay in the performance of the Service due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power failures, internet or telecommunications outages, or third-party service provider failures.

11.4 Enterprise SLA

Enterprise customers may be eligible for a custom Service Level Agreement with specific uptime guarantees, response time commitments, and service credits. The terms of any Enterprise SLA will be set forth in a separate written agreement.

12. Limitation of Liability

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NODUMFORMS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NODUMFORMS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NODUMFORMS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) ANY THIRD-PARTY CONDUCT ON THE SERVICE; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE.

12.3 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NODUMFORMS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO NODUMFORMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

12.4 Basis of the Bargain

YOU ACKNOWLEDGE THAT NODUMFORMS HAS SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

13. Indemnification

You agree to indemnify, defend, and hold harmless NodumForms, its affiliates, and their respective directors, officers, employees, agents, suppliers, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

1. Your use of the Service or any activity under your account
2. Your User Content or Response Data
3. Your violation of these Terms
4. Your violation of any applicable law or regulation, including data protection laws
5. Your infringement or misappropriation of any third-party intellectual property, privacy, or other rights
6. Any claim by a third party (including your form respondents) related to the data you collected through the Service

NodumForms reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of NodumForms.

14. Termination

14.1 Termination by You

You may terminate your account at any time by using the account deletion feature within the Service or by contacting us at support@nodumforms.com. Upon termination, your right to use the Service will cease immediately. If you are on a paid plan, no refund will be issued for the remaining portion of your current billing period.

14.2 Termination by NodumForms

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, non-payment, extended periods of inactivity (12 months or more for free accounts), requests by law enforcement, or discontinuation of the Service.

14.3 Effect of Termination

Upon termination of your account: (a) all licenses granted to you under these Terms will immediately terminate; (b) you must cease all use of the Service; (c) you will have 30 days to export your data (if termination was initiated by you or by NodumForms without cause); and (d) after the 30-day export period, we will delete your User Content and Response Data in accordance with Section 9.4.

14.4 Survival

The following sections shall survive termination of these Terms: Sections 7 (Intellectual Property), 8.2 (License to NodumForms for previously submitted content), 9.1 (Ownership), 12 (Limitation of Liability), 13 (Indemnification), 16 (Governing Law), and any other provisions that by their nature should survive termination.

15. Modifications to Terms

NodumForms reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Effective Date" and, for material changes, by sending an email notification to the address associated with your account at least 30 days before the changes take effect.

Non-material changes (such as clarifications or corrections) may take effect immediately upon posting. Your continued use of the Service following the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

We will maintain an archive of previous versions of these Terms, which will be available upon request by contacting support@nodumforms.com.

16. Governing Law

16.1 Applicable Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

16.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved through good-faith negotiation shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the English language, and the seat of arbitration shall be Wilmington, Delaware. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NODUMFORMS AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND NODUMFORMS WAIVE ANY RIGHT TO A JURY TRIAL.

16.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights or confidential information.

17. Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

• Email: support@nodumforms.com
• Website: nodumforms.com

We will make reasonable efforts to respond to all inquiries within five (5) business days.