Legal Notice and Terms of Use

Last updated: March 1, 2025

Welcome to Formaya. These Terms of Use ("Terms") govern your access to and use of the Formaya platform, including our website at formaya.app, APIs, embed SDK, and all related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Company Information

Formaya is operated by Formaya ("we", "us", "our"). For questions regarding these Terms, please contact us at [email protected].

2. Acceptance of Terms

By creating an account or using the Service, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Account Registration

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete registration information
  • Maintain the security of your password and account credentials
  • Promptly update your account information if it changes
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

4. Permitted Use

The Service is provided for the purpose of creating, distributing, and managing online forms and surveys, collecting responses, and analyzing results. You may use the Service only for lawful purposes and in accordance with these Terms.

5. Prohibited Conduct

You agree not to use the Service to:

  • Collect information from minors under 13 without verifiable parental consent
  • Send spam, phishing, or misleading communications
  • Collect sensitive personal data (health, financial, biometric) without appropriate safeguards and legal basis
  • Distribute malware, viruses, or other harmful code
  • Infringe upon intellectual property rights of others
  • Engage in any activity that is illegal, fraudulent, or deceptive
  • Attempt to reverse-engineer, decompile, or disassemble the Service
  • Overload, disrupt, or interfere with the Service or its infrastructure
  • Scrape, crawl, or automatically extract data from the Service without authorization
  • Create forms that impersonate other individuals or organizations

6. Intellectual Property

The Service, including its design, code, features, and documentation, is owned by Formaya and protected by copyright, trademark, and other intellectual property laws. You retain ownership of the content you create using the Service (form content, branding assets, response data). We do not claim ownership of your content.

7. User Content

You are solely responsible for the content of your forms, including questions, descriptions, images, and any data collected through them. You represent that you have all necessary rights and permissions to use and collect such content and data, and that your forms comply with all applicable laws and regulations.

8. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or other operational reasons. We will make reasonable efforts to provide advance notice of planned downtime.

9. Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your access to the Service if you violate these Terms, engage in prohibited conduct, or fail to pay applicable fees. Upon termination, your right to use the Service ceases immediately. We may retain your data for a reasonable period as required by law or legitimate business purposes.

10. Limitation of Liability

To the maximum extent permitted by law, Formaya shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of or inability to use the Service. Our total liability for any claims arising under these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or available at all times.

12. Indemnification

You agree to indemnify and hold harmless Formaya and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Service, your content, or your violation of these Terms.

13. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the European Union and the applicable member state where Formaya is established. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

15. Contact

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

Terms of Use | Formaya